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Author: 


United  States. 


Title: 


Laws  relating  to 
street-railway  franchises 

Place: 

Washington,  D.C. 

Date: 

1905 


MASTER   NEGATIVE   # 


COLUMBIA  UNIVERSITY  LIBRARIES 
PRESERVATION  DIVISION 

BIBLIOGRAPHIC  MICROFORM  TARGET 


ORIGINAL  MATERIAL  AS  FILMED  -  EXISTING  BIBLIOGRAPHIC  RECORD 


District  of  Columbia.  Commissioners. 

Laws  relating  to  street-railway  franchises  in 
the  District  of  Columbia,  comp,  in  the  office  of 
the  Commissioners  of  the  district  of  Columbia 
and  printed  under  authority  of  the  resolution  of 
Congress  passed  March  12,  1896.  (Recompiled  and 
indexed  by  Daniel  E,  Garges,  secretary  to  the 
Engineer  commissioner  ;of  the  District  of  Columbia 
I^rch  4,  1905.)  Washington,  Govt,  print,  off., 

1905. 

V,    299  p.      23-^'". 


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LIBRARY 


School  of  Business 


1 


■^ic^arb  ■^orfam  "^eabe 


^x  cStdris. 


LAWS 


RELATING  TO 


STREET-RAILWAY  FRANCHISES 


IN  THE 


DISTRICT  OF  COLUMBIA. 


'  f     > 


COMPILED  IN  THE  OFFICE  OF  THE  COMMISSIONERS  OF  THE  DISTRICT 

OF    COLUMBIA   AND   PRINTED  UNDER    AUTHORITY   OF    THE 

RESOLUTION  OF  CONGRESS  PASSED  MARCH  12,  1896. 

(RECOMPILED  AND  INDEXED  BY  DANIEL  E,  GARGES,  SECRETARY  TO  THE 

ENGINEER  COMMISSIONER  OF  THE  DISTRICT  OF 

COLUMBIA.  MARCH  4,  1905.) 


WASHINGTON: 
GOVERNMENT   PRINTING   OFHCE. 

1905* 


^T^A.^*-^^ 


V.,^s/>*J1-'*^ 


3  5^0.5 

J)G3 


i 


PREFACE. 


A 

The  laws  relating  to  street-railway  franchises  in  the  District  of 

^  Columbia  were  compiled  in  1896  in  pursuance  of  a  resolution  of  Coil- 
ed gress  passed  March  12,  1896.     In  the  present  compilation  the  former 
^  one  was  used  as  a  basis,  and  all  acts  of  Congress  relating  to  street 
jr  railways  passed  since  1896  have  been  included  in  the  present  issue. 
^  The  compilation  has  also  been  indexed.     The  various  street-railway 
^  charters  are  arranged  alphabetically  by  the  names  of  the  corporations 
—  chartered.     The  original  charter  is  given  first  and  the  subsequent 
amendments  and  additions  follow  consecutively  in  accordance  with  the 
dates  of  their  approval.     All  the  legislation,  therefore,  regarding  any 
one  railroad  will  be  found  in  one  place.     The  only  exception  is  where 
a  general  law  has  been  passed  affecting  various  railroads.     These  gen- 
eral laws  will  be  found  at  the  last  part  of  the  book  under  the  heading 
''Street-railway  laws  of  a  general  nature"  (p.  257),  but  all  have  been 
indexed  for  easy  reference. 

CHARTERS. 

All  charters  for  street  railways  in  the  District  must  be  granted 
directly  by  Congress.     The  routes  a^'e  laid  down  in  these  charters. 

URBAN   LINES. 

Practically  all  the  urban  lines  are  controlled  bj-  two  corporations, 
the  Capital  Traction  Company  and  the  Washington  Railway  and 
Electric  Company.  The  latter  corporation  is  a  managing  corporation 
organized  under  the  act  of  (congress  approved  June  5,  1900.  (See  p. 
241.)    The  charters  of  the  constituent  roads  govern,  however 

CONTROL  BY  THE   COMMISSIONERS. 

The  charters  of  the  street-railway  companies  place  certain  duties  on 
the  Commissioners  of  the  District  of  Columbia  in  regard  to  control  of 
plans  of  construction,  the  approval  of  time  schedules,  the  regulation 
of  speed,  the  furnishing  of  passenger  houses  and  accommodations, 
etc.,  but  except  in  some  of  the  later  charters  no  penalties  are  provided 
for  a  violation  of  any  regulation  of  the  Commissioners  made  in  pur- 
suance of  this  authority. 


Ill 


IV 


PREFACE. 


PREFACE. 


I 


PAVING  ADJACENT  TO  TRACKS. 

The  street-railway  charters  generall}^  require  the  companies  to  be 
responsible  for  the  cost  of  paving  between  their  tracks  and  on  each 
side  thereof  to  the  extent  of  2  feet  from  the  outer  rails.  The  organic 
act  providing  the  present  form  of  government  for  the  District  of 
Columbia  also  makes  this  requirement,  and  provides  that  it  shall  be 
carried  into  eflfect  by  the  issuing  of  certificates  of  indebtedness  against 
the  railroad  companies  for  failure  to  pay  for  paving  this  portion  of 
the  street.     (See  p.  257. ) 

SPEED   AND  FENDERS. 

Regulations  in  regard  to  speed  and  fenders  are  made  by  the  Com- 
missioners of  the  District  of  Columbia  under  the  police  regulations 
regarding  the  movement  of  vehicles  on  public  streets.  Cars  stop  to 
receive  passengers  on  the  near  side.     (See  p.  267.) 

A   MODEL   CHARTER. 

The  charter  of  the  Capital  Railway  Company  (p.  49)  is  considered 
as  a  model  for  street  railway  charters. 

EXPIRATION   OF   CHARTERS. 

A  number  of  charters  herein  compiled  have  expired  by  limitation. 
A  number  of  others  have  been  extended  from  time  to  time. 

DEPOSITS. 

The  charters  generally  require  a  deposit  to  be  made  to  pay  for 
inspection  of  construction  work.  Some  of  them  require  a  deposit  to 
guarantee  the  construction  and  completion  within  the  time  period 
named  in  the  charter. 

OVERHEAD   TROLLEYS. 

No  overhead  trolleys  are  allowed  within  the  limits  of  the  city  of 
Washington  proper.  (See  p.  270.)  They,  however,  are  used  on  the 
suburban  lines. 

UNDERGROUND   ELECTRIC   SYSTEM. 

All  of  the  street  railways  now  operated  in  the  city  of  Washington 
operate  by  the  underground  electric  system.  Formerly,  horsepower, 
cable  power,  and  the  trolley  were  used. 

FARE. 

All  the  charters  require  that  the  fare  charged  in  the  District  of 
Columbia  shall  not  be  more  than  5  cents,  and  require,  also,  that  six 
tickets  shall  be  sold  for  25  cents. 


TRANSFERS. 

The  two  corporations,  the  Capital  Traction  Company  and  the  Wash- 
ington Railway  and  P^lectricCompan}^,  issue  transfers  on  their  respective 
lines  to  a  passenger  going  in  one  general  direction,  but  they  do  not 
issue  transfers  interchangeable  on  the  lines  of  each  other,  except  in 
one  instance,  at  Fifteenth  and  G  streets  NW.,  where  a  transfer  is 
issued  between  the  lines  of  these  companies  upon  the  payment  of  2  cents. 

COUPON   TICKETS. 

A  law  requires  the  sale  of  four  coupon  tickets  for  25  cents  for  con- 
tinuous ride  on  some  lines  from  some  suburban  point  to  some  point 
in  the  city  of  Washington.     (See  p.  263). 

TAXES. 

Each  individual  charter  has  a  provision  in  regard  to  taxation,  but 
b}^  an  act  of  Congress  (see  p.  268)  all  street  railroads  were  brought 
under  the  general  rule  which  requires  them  to  pay  4  per  cent  of  their 
gross  earnings  in  lieu  of  personal  taxes,  and  to  pay  taxes  on  their 
buildings,  etc.,  as  real  estate,  under  the  provisions  of  law  in  regard 
to  other  real  estate. 

COINCIDING   ROUTES. 

The  charters  generally  provide  for  joint  trackage  arrangements 
where  the  routes  coincide,  these  arrangements  to  be  agreed  upon  be- 
tween the  respective  railroad  companies,  and  in  event  of  a  failure  to 
reach  an  agreement,  by  a  court  proceeding. 

ELECTROLYSIS. 

In  the  later  charters  provision  is  made  to  guard  against  electrolysis 
by  requiring,  if  electric  power  by  trolley  be  used,  a  return  wire  similar 
in  capacity  and  insulation  to  the  feed  wire  to  be  provided,  and  each 
car  to  be  provided  with  a  double  trolley  and  no  pole  of  any  dynamo 
furnishing  power  to  railways  to  be  connected  with  the  earth. 

RIGHT  OF  WAY. 

Street  cars  have  the  right  of  way  over  their  tracks  in  the  public 
streets. 

In  some  instances  the  charters  require  that  the  roads  shall  be  con- 
structed on  a  right  of  wa}^  to  be  acquired  by  the  railway  company  and 
thereafter  dedicated  to  the  District  of  Columbia. 

D.  E.  G. 


CONCURRENT  RESOLUTION  To  compile  and  publish  the  laws  relating  to  street-railway  franchises 

in  the  District  of  Columbia. 

Resolved  by  the  House  of  Representatives  {the  Senate  concurring),  That  there  be  printed 
and  bound  into  one  convenient  volume,  at  the  Government  Printing  Office,  all  the 
various  Acts  of  Congress  relating  to  street-railway  franchises  in  the  District  of 
Columbia;  and  that  two  hundred  copies  of  the  same  shall  be  furnished  for  the  use 
of  the  Senate,  four  hundred  copies  for  the  use  of  the  House  of  Representatives,  and 
two  thousand  and  five  hundred  copies  for  the  use  of  and  distribution  by  the  Com- 
missioners of  the  District  of  Columbia. 

Passed,  March  12,  1896.  ' 

16400—05 1  1 


^ 


LAWS  RELATING  TO  STREET-RAILWAY  FRANCHISES 
IN  THE  DISTRICT  OF  COLUMBIA. 


ANAGOSTIA  AND  POTOMAC  EIVEB  EAILEOAD  COMPANY. 


AN  ACT  Giving  the  approval  and  sanction  of  Congress  to  the  route    Febraarj- 

and  termini  of  the  Anacostia  and  Potomac  River  Railroad,  and  to  ^^^^' 

regulate  its  construction  and  operation.  stats.  18,  p.  328, 


18, 


Be  it  enacted  hy  the  Seimte  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assemhled^  That 
the  approval  and  sanction  of  Congress  is  hereb}^  given  to 
the  construction,  operation,  and  maintenance  of  a  street- 
railroad  by  the  Anacostia  and  Potomac  River  Railroad 
Company,  of  Washington  City,  District  of  Columbia,  a 
company  incorpomted  under  the  act  of  Congress  of  May 
fifth,  eighteen  hundred  and  seventy,  which  incorporation 
is  hereby  confirmed  and  validated,  along,  upon,  and  over 
the  following  route,  in  the  city  of  Washington,  District  of 
Columbia,  namely:  Commencing  for  the  eastern  terminus 
of  said  road,  at  or  near  the  northern  end  of  the  navy-yard 
bridge,  in  the  said  city,  on  Eleventh  street  east;  thence 
upon  and  along  said  Eleventh  street  east  to  M  street  south; 
thence  upon  and  along  said  M  street  south  to  Third  street 
east;  thence  upon  and  along  said  Third  street  east  to  N 
street  south;  thence  upon  and  along  said  N  street  south  to 
Water  street;  thence  upon  and  along  said  Water  street  to 
Twelfth  street  west;  thence  upon  and  along  said  Twelfth 
street  west  to  Ohio  avenue;  thence  upon  and  along  said 
Ohio  avenue  to  Fourteenth  street  west;  thence  along  and 
upon  said  Fourteenth  street  west  to  the  western  terminus  of 
said  road  at  the  intersection  of  Pennsylvania  avenue  and 
said  Fourteenth  street  west;  and  also  on  M  street  south  from 
Third  street  east  to  Water  street,  and  on  Eleventh  street 
west  from  Water  street  to  the  intersection  of  Twelfth  and  B 
streets  southwest;  conforming  to  the  grades  of  said  streets 
and  avenues  as  the  same  now  are,  or  may  hereafter  be,  estab- 
lished by  law :  Provided^  That  said  company  shall  construct 
at  least  a  single-track  road  over  said  route,  and  open  the 
same  to  travel  within  sixteen  months  after  the  approval  of 
this  act:  And ^ovided further^  That  whenever  the  foregoing 
route  shall  coincide  with  the  route  of  any  other  duly-incor- 
porated railroad  company,  or  connect  portions  of  such  route, 
but  one  set  of  tracks  shall  be  used,  and  each  company  using 

3 


Approval  of 
construction, 
etc., of  street- 
railroad  by  An- 
acostia and  Poto- 
mac River  Rail- 
road Com  pany 
( amended  )t 


Route  (amend- 
ed). 


Time  for  com- 
pletion. 


One  track  for  co- 
inciding routes. 


mL-g-janK" 


I 


and  paving. 


LAWS   RELATING    TO   STREET-RAILWAY   FRANCHISES. 

the  tracks  shall  contribute  equitably  to  the  expense  of  lay- 
ing and  maintaining  them;  the  amount  to  be  contributed 
to  be  ascertained,  when  the  companies  disagree,  by  the 
supreme  court  of  the  District  of  Columbia,  upon  applica- 
tion of  any  company  interested,  and  on  notice  to  andhear- 
ing  of  the  parties  interested. 
Layiu^of track  Sec.  2.  That  in  the  manner  of  laying  its  tracks,  and 
paving  the  same,  this  company  shall  be  under  the  control 
of  the  executive  authority  of  the  District  of  Columbia;  and 
it  shall  pave  its  tracks,  and  the  spaces  between  them,  and 
for  the  space  of  two  feet  beyond  the  outer  line  thereof, 
and  keep  the  same  in  good  order,  without  expense  to  the 
United  States  or  the  District  of  Columbia;  and  that  said 
pavement  shall  be  as  prescribed  by  the  said  executive 
authority  of  the  District  of  Columbia;  and  the  rate  of  fare 
charged  and  received  by  said  company  shall  not  exceed 
live  cents  a  passenger  for  any  distance  between  the  termini 
of  said  road. 

Sec.  3.  That  whenever  the  present  navy -yard  bridge 
shall  be  replaced  by  a  structure  suitable  for  the  passage  of 
a  street-railroad,  the  company  shall  have  the  right  to  cross 
over  the  same  to  Uniontown,  under  such  restrictions  and 
regulations  as  Congress  may  provide;  and  Uniontown 
of  shall  then  become  the  eastern  terminus  of  the  road;  and 
""^rom  Uniontown  the  company  may  extend  their  road  by 
the  Good  Hope  road  to  the  District  line;  and  for  riding 
over  this  extension  of  the  road  the  company  may  charge 
an  additional  fare  not  exceeding  live  cents. 

Sec.  4.  That  Congress  may,  at  any  time,  alter,  amend, 
or  repeal  this  act. 

Approved,  February  18,  1875. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


Use  of    navy- 
yard  bridge. 


Extension 
road  east 
Uniontown. 


Fare. 

Right  to  alter 
or  amend  act. 


April  5, 1876. 


AN  ACT  To  amend  the  act  entitled  "An  act  giving  the  approval  and 
sanction  of  Congress  to  the  route  and  termini  of  the  Anacostia  and 
Stats  19,  p.  26.       Potomac  River  Railroad,  and  to  regulate  its  construction  and  oper- 
ation." 

Be  it  macted  hy  the  Smote  and  House  of  Representatives 
Anacostia  and  ^  ^^^  United  States  of  America  in  Congress  assemhled^  That 

Raur^d.  ti'me  section  two  of  the  act  giving  the  approval  and  sanction  of 

ixtenlted^^^*^''"  Congress  to  the  route  and  termini  of  the  Anacostia  and 
Potomac  River  Railroad,  approved  February  eighteenth 
eighteen  hundred  and  seventy -five,  be,  and  is  hereby,  so 
amended  as  to  extend  the  time  for  the  completion  of  said 
road  to  six  months  from  and  after  the  completion  of  the 
streets  now  in  process  of  improvement  along  and  upon 

mSr^f^enl:  which  the  chartered  rights  of  the  company  extend.     Sec  2. 

ed).  That  the  privilege  is  hereby  granted  the  company  to  change 

their  terminus  at  Fourteenth  street  and  Pennsylvania  ave- 
nue west,  as  follows:  Commencing  at  intersection  of  Twelfth 
street  and  Ohio  avenue  northwest,  along  and  upon  Twelfth 
to  D  street,  along  and  upon  D  street  to  Fifteenth  street, 
along  and  upon  Fifteenth  street  west  to  Pennsylvania  ave- 
nue, near  the  Treasury  gates,  being  one  square  west  of  the 


of 


present  terminus;  also,  that  the  company  may  extend  their   Extension 

road  from  the  intersection  of  Twelfth  street  and  Ohio  ave-       * 

nue  northwest,  along  and  upon  Louisiana  avenue  to  the 

south  side  of  Pennsylvania  avenue  at  a  point  opposite 

Centre  Market:  Provided^  That  whenever  the  street- pave- .J**^®"^^^^  *<> 

ment  ma}^  be  torn  up  and  travel  thereon  interfered  with  by     ^^^^^^ 

removal  of  the  track  of  said  road,  said  company  shall,  at 

its  own  expense,  put  such  street  pavement  in  as  good  order 

as  before  the  laying  of  the  track  thereon.     Section  3. 

That  Congress  may  at  any  time  alter,  amend  or  repeal  and™^^^"*^^' 

this  act.  *^°  "^^^  • 

Michael  C.  Kerb 

Spealcer  of  the  House  of  Representatives 

T.  W.  Ferry 
President  of  the  Senate  pro-tempore. 
Received  by  the  President  March  24,  1876. 

[Note  by  the  Department  of  State. —The  foregoing 
act  having  been  presented  to  the  President  of  the  United 
States  for  his  approval,  and  not  having  been  returned  by 
him  to  the  House  of  Congress  in  which  it  originated  within 
the  time  prescribed  by  the  Constitution  of  the  United 
States,  has  become  a  law  without  his  approval.] 


March  3, 1879. 
Sundry  civil  bill,  1880.  Stats.  20,  p.  404. 

*  *  *  *  » 

And  one  of  the  two  railroad  tracks  now  on  said  Anacostia    tracts  on  Aa- 
Bridge  shall  be  at  once  removed.  ^"""^^^  ^"^^^• 

*  *  *  «  « 
Approved,  March  3,  1879. 


AN  ACT  To  amend  the  act  giving  the  approval  and  sanction  of  Con-  August  i,  1888. 
gress  to  the  route  and  termini  of  the  Anacostia  and  Potomac  River  st^t.  of>  ^  ^<t 
Hailroad,  m  the  District  of  Columbia.  ^^^'  ^'  P'^- 

Be  ite7iacted  by  the  Senate  and  House  of  Representatv^es 
of  tfie  United  States  of  America  in  Congress  assmnUed.  That    Anacostia  and 
the  act  giving  the  approval  and  sanction  of  Congress  toR^S  eSJIS- 
tne  route  and  termini  of  the  Anacostia  and  Potomac  River  «^^°  ^^-  ' 
Kailroad    approved  February  eighteenth,  eighteen  hun- 
dred and  seventy-five,  and  amended  March  twenty-fourth, 
eighteen  hundred  and  seventy-six,  be,  and  the  same  is 
nereby,  amended  so  as  to  authorize  said  company  to  lav 
tracks  and  run  cars  thereon  from  the  intersection  of  its 
tracks  on  M  street  south  with  Seventh  street  east;  along   Route  (amend- 
beventh  street  to  G  street  south;  along  G  street  to  Fourth  ^^• 
street  east;  along  Fourth  street  to  E  street  south;  alon^ 
^  street  to  Canal  street;  along  Canal  street  to  B  street 
south,  along  B  street  south  to  Third  street  west;  alonff 
inird  street  to  Missouri  avenue;  along  Missouri  avenue  to 
^ixtn  street  west;  along  Sixth  street  to  B  street  north; 

r^^^^Au  ^^V^^t.^^  ^  P^^"^  ^^^^  the  Center  Market  to  be 
named  by  the  Commissioners  of  the  District  of  Columbia- 


LA.WS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES. 


Proviso;   com 
pletion. 


Extension  t  o 
Congressional 
Cemetery. 


Additional 
track  on  Anacos- 
tia  bridge. 


Extension    to 
Insane  Asylum. 


Use   of   other 
tracks. 


Rails. 


To  be  level 
with  streets. 


Can. 


Provided,  That  the  said  company  shall  complete  the  above- 
mentioned  tracks  and  run  cars  thereon  within  one  year  from 
the  approval  of  this  act,  and  from  the  intersection  of  its 
tracks  on  M  street  south  with  Second  street  west;  along 
Second  street  to  its  tracks  on  Canal  street:  Provided,  That 
said  company  shall  complete  the  last-mentioned  tracks  and 
run  cars  thereon  within  two  years  from  the  approval  of 
this  act.  The  company  is  also  authorized  to  extend  its 
tmcks  and  run  cars  thereon  from  its  track  at  Seventh  and 
G  streets  southeast  herein  mentioned,  along  G  street  to 
Seventeenth  street  east;  along  Seventeenth  street  to  E 
street  south;  along  E  street  to  and  beyond  the  entrance 
to  the  Congressional  Cemetery  at  a  point  to  be  named  by 
the  Commissioners  of  the  District  of  Columbia,  after  the 
said  streets  shall  have  been  improved. 

Sec.  2.  That  the  said  company  may  be  permitted  to  place 
or  cause  to  be  placed  upon  the  Anacostia  bridge  an  addi- 
tional track,  and  the  i-ails  of  both  tracks  shall  be  of  such 
form  as  will  offer  the  least  obstruction  to  ordinary  traffic, 
and  subject  to  approval  by  the  Commissioners  of  the  Dis- 
trict of  Columbia.  The  said  company  shall  also  construct 
at  least  a  single  track,  with  necessary  switches  and  turn- 
outs, along  Harrison  street,  in  Anacostia,  to  the  entrance 
to  the  grounds  of  the  German  Orphan  Asylum,  and  run 
cars  thereon  within  six  months  after  laying  the  track  men- 
tioned on  said  bridge. 

Sec.  3.  That  the  said  company  is  also  authorized  to 
extend  its  track  and  run  cars  thereon  from  its  present 
terminus  on  Nichols  avenue,  near  Anacostia,  by  the  way 
of  Nichols  avenue  to  the  entrance  to  the  grounds  of  the 
Government  Hospital  for  the  Insane,  and  along  said  ave- 
nue and  the  Livingstone  road  to  the  District  line. 

Sec.  4.  That  should  any  part  of  the  ti*ack  extension 
herein  authorized  coincide  with  portions  of  any  other 
duly  incorporated  street  railway  in  the  District  of  Colum- 
bia, but  one  set  of  tracks  shall  be  used  when,  on  account 
of  the  width  of  the  street,  or  for  other  sufficient  reason 
it  shall  be  deemed  necessary  by  the  Commissioners  of  the 
District;  and  the  relative  conditions  of  use  and  of  char- 
tered rights  may  be  adjusted  upon  terms  to  be  mutually 
agreed  upon  between  the  companies,  or,  in  case  of  disagree- 
ment, by  the  supreme  court  of  the  District  of  Columbia, 
on  petition  filed  therein  by  either  party,  and  on  such  notice 
to  the  other  party  as  the  court  may  order. 

Sec.  5.  That  in  the  construction  of  the  tracks  herein 
specified  the  pattern  of  rail  used  shall  be  approved  by  the 
Commissioners  of  the  District  of  Columbia,  and  in  any 
extensive  repairs  to  the  tracks  now  owned  by  the  company 
requiring  new  rails  the  pattern  of  rails  shall  likewise  be 
approved  by  the  Commissioners  of  the  District  of  Colum- 
bia: Provided^  That  all  rails  laid  upon  the  streets  of  the 
city  of  Washington  by  said  company  under  the  authority 
of  this  act  shall  be  on  a  level  with  the  surface  of  the  streets, 
and  shall  not  project  above  the  same. 
Sec.  6.  That  the  company  shall  place  cars  of  the  best 


Taxes. 


construction  on  said  railway,  with  all  modern  improvements 
necessary  to  the  convenience  and  comfort  of  passengers,  and 
shall  run  cars  thereon  as  often  as  the  public  convenience 
may  require,  in  accordance  with  a  time  table  or  schedule 
adopted  by  the  company,  a  copy  of  which  shall  be  filed 
with  the  Commissioners  of  the  District  of  Columbia,  and 
be  approved  by  them. 

Sec.  7.  That  the  said  Anacostia  and  Potomac  River  Reports. 
Railroad  Company  shall,  on  or  before  the  fifteenth  day  of 
January  of  each  year,  make  a  report  to  Congress  of  the 
names  of  all  the  stockholders  therein  and  the  amount  of 
stock  held  by  each,  together  with  a  detailed  statement  of 
the  receipts  and  expenditures  from  whatever  source  and 
on  whatever  account,  for  the  preceding  year  ending  Decem- 
ber the  thirty-first,  which  report  shall  be  verified  by  affidavit 
of  the  president  and  secretary  of  said  company;  and  said 
company  shall  pay  to  the  District  of  Columbia,  in  lieu  of 
taxes  upon  personal  property,  including  cars,  tracks,  and 
motive  power  for  the  next  ensuing  year,  two  per  centum  for 
the  first  ten  years  after  completion,  and  thereafter  four  per 
centum  of  its  gross  earnings  upon  traffic  for  the  preceding 
year  as  shown  by  said  verified  statement,  which  amount 
shall  be  payable  to  the  collector  of  taxes  at  the  times  and 
in  the  manner  that  other  taxes  are  now  due  and  payable, 
and  subject  to  same  penalties  on  arrears;  and  the  franchise 
and  property  of  said  company,  both  real  and  personal,  to  a 
sufficient  amount,  may  be  seized  and  sold  in  satisfaction 
thereof,  as  now  provided  by  law  for  the  sale  of  other  prop- 
erty for  taxes;  and  said  per  centum  of  its  gross  earnings 
shall  be  in  lieu  of  all  other  assessments  of  personal  taxes 
upon  its  property  used  solely  and  exclusively  in  the  opera- 
tion and  management  of  said  railway.  Its  real  estate  shall 
be  taxed  as  other  real  estate  in  the  District  of  Columbia,  and 
the  tracks  shall  not  be  taxed  as  real  estate:  Provided,  That 
whenever  the  net  receipts  of  said  company  from  its  busi- 
ness upon  said  road  shall,  for  any  years,  exceed  ten  per 
centum  of  the  actual  cost  of  such  road,  then  the  company 
shall,  under  the  direction  of  the  said  Commissioners,  reduce 
the  rate  of  passenger  fare  to  an  amount  as  near  as  the 
same  can  be  approximated,  so  that  the  net  receipts  of  said 
company  from  its  business  upon  such  road  shall  not  exceed 
ten  per  centum  of  the  actual  cost  for  the  construction, 
equipment,  and  maintenance  thereof. 

Sec.  9.  That  Congress  may  at  an}^  time  amend,  alter,  or 
repeal  this  act. 

Approved,  August  1,  1888. 


Reduction 
fare. 


of 


Amendment. 


AN  ACT  To  amend  the  act  giving  the  approval  and  sanction  of  Con- 
gress to  the  route  and  termini  of  the  Anacostia  and  Potomac  River 
Railroad  in  the  District  of  Columbia. 

^t  ^L^^^^^^<^  ^y  ^^^  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Co7igress  assevMed,Th2ii  ^^^^^^  ^.^^^^ 
the  act  giving  the  sanction  and  approval  of  Congress  to  Raiiroad;chaiig© 
the  route  and  termini  of  the  Ana^stia  and  Potomac  River  *''~"^- 


March  24.  1890. 
Stats.  26,  p.  28. 


Anacostia  and 
Potomac  River 


8 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES. 


Railroad,  approved  February  eighteenth ,  eighteen  hundred 
and  seventy-five,  amended  March  twenty -fourth,  eighteen 
hundred  and  seventy -six,  and  August  first  eighteen  hun- 
dred and  eighty -eight,  be,  and  the  same  is  hereby,  amended 
so  as  to  authorize  the  said  company  to  lay  tracks  and  run 
cars  thereon  from  the  intersection  of  its  tracks  on  M  street 
south  with  Eleventh  street  east;  along  Eleventh  street  to 
of  its  tracks  on  G  street  south.  That  the  time  for  the  com- 
pletion of  its  track  is  extended  one  year.  That  in  the  con- 
struction of  the  tracks  herein  authorized  the  pattern  of 
of  rail  used  shall  be  approved  by  the  Commissioners  of  the 
District  of  Columbia,  and  that  all  rails  laid  under  author- 
ity of  this  act  shall  be  on  a  level  with  the  surface  of  the 
street:  Provided  so  much  of  the  act  of  August  first  eight- 
een hundred  and  eighty-eight  as  authorized  the  company 

Tracks  on  7th  herein  named  to  lay  its  tracks  on  Seventh  street  east  be- 
?nd^G  Its!*^^  ^  tween  M  street  and  G  street  is  hereby  repealed. 

Amendment.       Sec.  2.  That  Congress  may  at  any  time  amend,  alter,  or 
repeal  this  act. 
Approved,  March  24,  1890. 


Extension 
time. 


Approval 
rail,  etc. 


April  80. 1892.  AN  ACT  To  amend  the  act  giving  the  approval  and  sanction  of  Con- 
Stats.  27,  p.  22.      gress  to  the  route  and  termini  of  the  Anacostia  and  Potomac  River 
Railroad  in  the  District  of  Columbia. 


Anacostia  and 
Potomac  River 
Railroad  Co., 
route  and  termi- 
ni changed. 


Extension 
tracks. 


of 


Bails. 


Commence 
ment  and  com- 
pletion. 


Mav  use  tracks 
of  other  compa- 
nies. 


Be  it  enacted  hy  the  Senate  and  House  of  IlepresentativeB 
of  the  United  States  of  America  in  Congress  assemhled^  That 
the  act  giving  the  sanction  and  approval  of  Congress  to  the 
route  and  termini  of  the  Anacostia  and  Potomac  Kiver  Rail- 
road, approved  February  eighteenth,  eighteen  hundred  and 
seventy-five,  subsequently  amended,  be,  and  the  same  is 
hereby,  amended  so  as  to  authorize  the  said  company  to  lay 
tracks  and  switches  and  run  cars  as  follows:  From  the  in- 
tersection of  its  tracks  at  Ninth  street  with  B  street  north- 
west north  on  Ninth  street  to  G.  street  northwest  over  the 
tracks  of  the  Metropolitan  Railway  Company;  thence  west 
on  G.  street  northwest  to  Eleventh  street  northwest  over 
the  tracks  of  Eckington  and  Soldiers'  Home  Railway  Com- 
pany; thence  south  on  Eleventh  street  to  E.  street  north- 
west, and  east  on  E  street  to  Ninth  street  on  the  tracks  of 
the  Capitol,  North  O  Street  and  South  Washington  Rail- 
way Company;  thence  south  on  Ninth  street  to  B  street 
on  the  tracks  of  the  Metropolitan  Railway  Companv. 
That  in  construction  of  its  tracks  herein  authorized  the 
pattern  of  the  rail  used  shall  be  the  standard  flat  grooved 
rail  and  approved  by  the  Commissioners  of  the  District  of 
Columbia,  and  that  all  rails  laid  under  authority  of  this 
act  shall  be  on  a  level  with  the  surface  of  the  street: 
Provided^  That  the  said  company  shall  commence  work 
within  three  months  and  complete  the  same  within  six 
months  from  the,  approval  of  this  act. 

Sec.  2.  That,  should  any  part  of  the  track  extension 
herein  authorized  coincide  with  portions  of  any  other 


LAWS   RELATING    TO    STREET-EAILWAY    FRANCHISES. 

duly  incorporated  street  railway  in  the  District  of  Colum- 
bia, but  one  set  of  tracks  shall  be  used  when,  on  account 
of  the  width  of  the  street  or  for  other  suflficient  reason,  it 
shall  be  deemed  necessary  by  the  Commissioners  of  the 
District;  and  the  relative  conditions  of  use  and  of  chartered  Termsof  use. 
rights  may  be  adjusted  upon  terms  to  be  mutually  agreed 
upon  between  the  companies,  or,  in  case  of  disagreement, 
by  the  supreme  court  of  the  District  of  Columbia,  on  peti- 
tion filed  therein  by  either  party  and  on  such  notice  to  the 
other  party  as  the  court  may  order. 

Sec.  3.  That  this  Road  shall  exchange  tickets  with  other 
roads  where  their  tracks  unite. 

Sec.  4.  That  Congress  may  at  any  time  amend,  alter,  or 
repeal  this  act. 

Approved,  April  30,  1892. 


Exchange  tick* 
ets. 

Amendment. 


AN  ACT  Authorizing  and  requiring  certain  extensions  to  be  made  to    June  4, 1900. 
the  Hues  of  the  Capital  Traction  Company  and  of  the  Anacostia  and    stata  —  t>  — 
Potomac  River  Railroad  Company  of  the  District  of  Columbia.  •     .  p-    • 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  Atnerica  in  Congress  assembled^  That    capital   Trao- 
the  Capital  Traction  Company  of  the  District  of  Columbia  ^*°''^'' 
be,  and  it  hereby  is,  authorized  and  required  to  construct 
the  necessary  tracks  and  to  make  the  necessary  connections 
for  the  purpose  of  operating  its  cars  by  the  underground 
electric  system  and  to  operate  the  same  over  and  along  the 
following  route,  namely:  Beginning  at  the  intersection  of    Route  extend- 
First  and  C  streets  northwest,  east  on  C  street  to  Delaware  depS. ^  *°^  ^' 
avenue,  and  thence  by  a  loop  around  square  six  hundred 
and  eighty -six  (bounded  by  Delaware  avenue,  B,  First,  and 
C  streets  northeast).     Also,  beginning  at  the  intersection 
of  Pennsylvania  avenue  and  Seventeenth  street  northwest; 
south  on  Seventeenth  street  by  double  tracks  to  G  street 
northwest;  west  on  G  street  by  single  track  to  Twenty- 
fifth  street;  north  on  Twenty-fifth  street  by  single  track 
to  Pennsylvania  avenue.     Also,  beginning  with  the  tracks 
at  the  corner  of  Seventeenth  and  G  streets  northwest;    AisoonFand 
south  on  Seventeenth  street  by  single  track  to  F  street  ^ '^'■^^' 
northwest;  west  on  F  street  by  single  track  to  Twenty- 
sixth  street  northwest;  north  on  Twenty -sixth  street  by 
single  track  to  Pennsylvania  avenue:  Provided,  That  for 
the  purpose  of  furnishing  a  loop,  for  use  when  necessary, 
a  single  track  may  be  extended  along  G  street  northwest 
from  Twenty-fifth  to  Twenty-sixth  streets,  connecting 
with  the  single  tracks  in  Twenty -fifth  and  Twenty-sixth 
streets  northwest. 

Sec.  2.  That  the  Anacostia  and  Potomac  River  Railroad  Polomir  wVer 
Company  be,  and  it  is  hereby,  authorized  and  required,  R.  R- 
^  within  one  year  from  the  date  of  the  approval  of  this  Act, 
to  extend  the  lines  of  its  underground  electric  railroad    Route  extend 
from  the  intersection  of  First  street  east  and  E  street^' 
south,  north  along  First  street  to  B  street  south;  thence 


10 


LAWS   BELATING    TO   STREET-RAILWAY    FRANCHISES. 


Tracks  to 
removed. 


west  along  B  street,  connecting  with  its  existing  tracks 
between  ^cond  and  Third  streets  west. 

Sec.  3.  That  where  the  route  provided  for  in  this  Act 
Coinciding  coincides  with  the  routes  of  existing  street  railways  one 
™"^^'  set  of  tracks  shall  be  used  in  common,  upon  terms  mutu- 

ally agreed  upon,  or,  in  case  of  disagreement,  upon  terms 
determined  by  the  supreme  court  of  the  District  of  Colum- 
bia, which  is  authorized  and  directed  to  give  hearing  to 
the  interested  parties  and  to  ^k  the  terms  of  joint  trackage. 
Sec.  4.  That  the  extensions  herein  authorized  shall  be 
Time  of  com- Completed  and  cars  operated  over  the  same  within  one 
pietion.  ^.gj^j.  f yojjj  ^-j^c  ^^^q  ^f  ^he  passage  of  this  Act.    The  double 

tracks  of  the  Capital  Traction  Company  now  in  the  south 

side  of  C  street  northwest,  between  First  street  and  New 

*>e  Jersey  avenue,  shall  also  be  removed  within  said  time, 

and  the  space  so  vacated  restored  to  proper  condition  in  a 

manner  satisfactory  to  the  Commissioners  of  the  District 

of  Columbia. 

Plans  to  be  ap-     Sec.  5.  That  the  extensions  herein  authorized  shall  be 

proved.  constructed  in  accordance  with  plans  satisfactory  to  the 

Commissioners  of  the  District  of  Columbia  and  approved 

by  them. 

Present  charter     Sec.  6.  That  the  Said  Capital  Traction  Company  and 

rights  extended.  ^^^  Anacostia  and  Potomac  River  Railroad  Company  shall 

have  over  and  respecting  the  routes  herein  provided  for, 

the  same  rights,  powers  and  privileges  they  respectively 

have  or  hereafter  may  have  by  law,  over  and  respecting 

their  other  routes,  and  be  subject  in  respect  thereto  to  all 

the  other  provisions  of  their  charters  and  of  law. 

Sec.  7.  That  Congress  reserves  the  right  to  alter,  amend 
or  repeal  this  Act. 
Approved,  June  4,  1900. 


July  1, 1902.  AN  ACT  Requiring  the  Anacostia  and  Potomac  River  Railroad  Com- 
■ pany  to  extend  its  Eleventh  street  line,  and  for  other  purposes. 

Be  it  enacted  hy  the  Senate  and  Home  of  Representatives 
of  the  United  States  of  America  in  Cmigress  assemUed^  That 
the  Anacostia  and  Potomac  River  Railroad  Company,  of 
the  District  of  Columbia,  be,  and  it  hereby  is,  authorized 
and  required  to  construct  the  necessary  tracks  and  to  make 
the  necessary  connections  for  the  purpose  of  operating  its 
cars  by  the  underground  electric  system,  such  as  is  now  in 

Eleventh  street  use  on  its  Eleventh  street  line,  over  and  along  the  follow- 
d^^rr^avenue ^' i^R  route,  namely:  Beginning  at  the  northern  terminus  of 

ec  er  avenue.  .^  Eleventh  street  line  at  Eleventh  street  and  Florida  ave- 
nue north,  by  double  track,  along  Eleventh  street  to  Ly- 
decker  avenue:  Provided,  That  until  the  line  of  railroad 

Switching.  on  Eleven  th  street  is  further  extended,  cars  may  be  switched 
on  Eleventh  street  between  Whitney  and  Lydecker  ave- 
nues: And  provided  further,  That  until  provision  is  made 
for  a  further  extension  of  the  line  of  the  Metropolitan 
Railroad  Company  on  Old  Sixteenth  street  cars  may  be 


LAWS   RELATING  TO   STREET-RAILWAY   FRANCHISES. 


11 


switched  on  Old  Sixteenth  street  between  Grant  and  Park 
streets. 

Sec.  2.  That  the  extension  herein  authorized  shall  be   Tme  of  com- 
completed  and  the  cars  operated  thereon  within  two  years  ^  ^  ^°°' 
from  the  date  of  the  issuance  of  a  permit  by  the  Commis- 
sioners of  the  District  of  Columbia. 

Sec.  3.  That  the  extension  herein  provided  for  shall  bep^v^^*^^*^ 
constructed  in  accordance  with  plans  satisfactory  to  the 
Commissioners  of  the  District  of  Columbia  and  approved 
by  them. 

Sec.  4.  That  the  said  Anacostia  and  Potomac  River  Rail-  teJ^'^rights*^*?!- 
road  Company  shall  have  over  and  respecting  the  route  tended, 
herein  provided  for  the  same  rights,  powers,  and  privileges 
it  has,  or  hereafter  may  have,  by  law  over  and  respecting 
its  other  routes,  and  be  subject  in  respect  thereto  to  aU 
the  other  provisions  of  its  charter  and  of  law. 

Sec.  5.  That  the  time  within  which  the  Washington  and  Washington 
Gettysburg  Railway  Company  shall  construct  its  line  Railway.  *^^  "'^ 
within  the  District  of  Columbia  is  extended  two  years  Time  extend- 
from  March  first,  nineteen  hundred  and  three.  ^^ 

Sec.  6.  That  Congress  reserves  the  right  to  amend,  alter, 
or  repeal  this  Act. 

Approved,  July  1,  1902. 


NACOSTIA,  SUERATTSVILLE  AND  BEANDYWINE 
ELECTEIC  EAILWAT  G0MFAF7. 


Route. 


•I 


AN  ACT  To  authorize  the  Anacostia,  Surrattsville  and  Brandy  wine    March  »,i905. 

Electric  Rrailway  Company  to  extend  its  street  railway  in  the  Dis- 

trict  of  Columbia. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  asseiiibled^  That 
the  Anacostia,  Surrattsville  aud  Brandy  wine  Electric  Rail-    ^ISi*"^  ^^^' 
way  Company,  a  body  incorporated  under  the  laws  of  the  ^^  ^^^' 
State  of  Maryland,  be,  and  it  is   hereby,  authorized  to 
extend  its  line  of  street  railway  within  the  District  of .  to  extend  line 
Columbia,  with  single  or  double  tracks,  equip  and  operate  iSi^wr*'^  ^"^  ^' 
the  same  for  the  carrying  of  passengers,  parcels,  milk, 
garden  truck,  and  other  small  freight,  with  the  necessary  sma^^^ht.*"** 
switches,  turn-outs,  buildings,  and  necessary  mechanical 
devices,   along    the   following-named    route:    Beginning 
where  the  Walker  road  intersects  the  line  dividing  the 
District  of  Columbia  and  Prince  George  County,  State  of 
Maryland,  designated  on  the  map  of  the  District  of  Co- 
lumbia; thence  along  said  Walker  road  northwesterly  to 
Goodhope,  District  of  Columbia;  thence  westerly  along 
Goodhope  road  as  designated  on  the  map  of  the  District  of 
Columbia  to  its  intersection  with  Harrison  street,  Ana- 
costia, District  of  Columbia;  thence  westerly  along  Har- 
rison street  to  its  intersection  with  Moproe  street,  Ana- 
costia, District  of  Columbia,  to  a  junction  with  the  street 
railway  of  the  Anacostia  and  Potomac  River  Railroad 
Company:  Provided.,  That  the  said  company  shall  acquire ^^Jf^Jj^j^gg^j^^jj 
hereby  no  right  to  extend  its  said  railway  over,  along,  or  dediStedro^So? 
upon  any  portion  of  the  aforementioned  route  which  is  not  ^^Jem  S^'e^^ 
now  a  dedicated  road  or  street  of  the  said  District  until  it 
shall  have  obtained  the  written  consent  of  the  owners  of 
the  real  property  covered  thereby,  or  acquire  said  right  of 
way  by  condemnation:  Provided.,   That  when  the  route  condemnation. 
described  coincides  with  that  of  a  county  road  of  less  width    Must  be  outside 
than  sixtv  feet  the  railway  shall  be  constructed  entirely  fernvMl.**"*"  ^ 
outside  the  road:  And  provided  further.,  That  whenever 
said  road  shall  be  widened  the  Commissioners  of  the  Dis- 
trict of  Columbia  are  authorized  to  require  that  the  tmcks    Tracks  must  be 
of  said  railway  company  shall  be  located  in  the  center  of  way^^^hen  '^- 
the  road  as  widened:  Provided^  That  if  at  any  time  in  the^ned. 
future  any  part  of  the  right  of  way  of  the  company  shall 
be  included  within  the  lines  of  public  highways,  such  part    ^^.   ,. 
of  the  said  right  of  way  shall  be  dedicated  to  the  public   ''^**''**^- 
without  expense  to  the  District  of  Columbia. 

13 


not    ex- 


14  LAWS   KELATING   TO   STREET-RAILWAY    FRANCHISES. 


May  make  con- 
tracts with  Ana- 
costia  and  Poto- 
mac River  R.  R. 


Joint  trackage 


Payment. 


Motive  power. 


Plans  to  be  ap- 
proved. 


Permits  for  ex 
cavation. 


Inspection. 


Deposits. 


Pavement  ad 
jacent  to  tracks 


Changes     in 
grade. 


Sec.  2.  That  the  Anacostia,  Surrattsville  and  Brandy- 
wine  Electric  Railway  Company  and  the  Anacostia  and 
Potomac  River  Railroad  Company  shall  have  the  power  to 
make  any  contracts  that  they  may  deem  necessary  to 
enable  the  said  companies  to  run  passenger  cars  of  each 
over  the  tracks  of  the  other  company,  and  also  to  contract 
for  and  use  the  power  of  each  or  either  company  to  pro- 
pel the  cars  of  the  other  company.    That  in  case  of  failure 
to  reach  an  agreement  upon  terms  mutually  agreeable  to 
each  of  said  companies,  then  the  supreme  court  of  the 
District  of  Columbia  is  hereby  authorized  and  directed  to 
give  hearings  to  the  interested  parties  and  fix  the  terms  of 
loint  trackage.     Payments  for  the  use  of  the  tracks  shall 
be  made  monthly,  in  advance;  default  in  such  payments 
shall  suspend  the  right  of  the  company  to  use  the  tracks 
until  such  payments  are  made ;  that  the  motive  power  shall  be 
cable,  electric,  compressed  air,  or  mechanical  power  other 
than  steam  locomotive  power;  and  wherever  the  trolley 
system  is  used  a  return  wire,  similar  m  capacity,  situation, 
and  insulation  to  the  feed  wire,  shall  be  provided  for  the 
current,  and  each  car  shall  be  provided  with  a  double 
trollev;  and  no  dynamo  furnishing  power  to  the  road,  or 
any  portion  thereof,  shall  have  either  of  its  poles  con- 
nected with  the  earth.  ,       . .        u  n 
Sec  3    That  all  plans  of  location  and  construction  shall 
be  subjected  to  the  approval  of  the  Commissioners  of  the 

District  of  Columbia.  ,     ,  .  i  .    n  i  a^ 

Sec.  4.  That  excavations  in  the  highways  shall  be  niade 
only  under  permits  from  the  Commissioners  of  the  Dis- 
trict of  Columbia,  and  subject  to  regulations  prescribed 

by  them.  ,  . 

Sec  5.  That  the  said  railway  and  its  appurtenances 
shall  be  constructed  in  a  substantial  and  durable  manner, 
subject  to  inspection  by  the  Commissioners  of  the  District 
of  Columbia.  All  changes  to  existing  structures  in  public 
space  shall  be  made  at  the  expense  of  the  company. 

Sec  6.  That  the  said  company  shall  deposit  such  sums 
as  the  Commissioners  of  the  District  of  Columbia  may 
require  to  cover  the  cost  of  inspection  and  the  cost  ot 
changes  to  public  works  in  the  streets  caused  by  the  con- 
struction of  said  railway.  i.^^_^^„ 

Sec.  7.  That  the  company  shall  keep  the  space  between 
its  rails  and  tracks  and  two  feet  exterior  thereto  in  good 
condition,  to  the  satisfaction  of  the  Commissioners  of  the 
District  of  Columbia.  The  pavement  of  these  spaces  shall 
be  at  least  as  good  as  that  of  the  contiguous  roadway. 
The  proper  authorities  shall  have  the  right  to  make 
changes  of  grade  and  other  improvements  which  they  may 
deem  necessary,  and  when  any  highway  occupied  by  the 
company  is  improved  the  company  shall  bear  the  entire 
expense  of  improving  said  spaces  to  correspond  with  the 
remainder  of  the  roadway.  The  requirements  of  this  sec- 
tion shall  be  enforceable  under  the  provisions  of  section 
five  of  the  Act  providing  a  permanent  form  of  govern- 


LAW8   relating   TO   STREET-RAILWAY   FRANCHISES.  15 


Cars. 


Time-table. 


Speed. 


Removal  from 
cars. 


Passe  nger 
rooms,  etc. 


ment  for  the  District  of  Columbia,  approved  June  eleventh, 
eighteen  hundred  and  seventy-eight. 

Sec.  8.  That  the  cars  shall  be  first-class  and  shall  be 
kept  in  good  condition,  to  the  satisfaction  of  the  Commis- 
sioners of  the  District  of  Columbia. 

Sec.  9.  That  the  cars  shall  be  run  as  often  as  public  con- 
venience requires,  on  a  time-table  satisfactory  to  the  Com- 
missioners of  the  District  of  Columbia. 

Sec.  10.  That  the  speed  of  the  cars  shall  be  subject  to 
the  police  regulations  of  the  District  of  Columbia. 

Sec.  11.  That  persons  drunk,  disorderly,  contagiously 
diseased,  or  refusing  to  pay  the  legal  fare  may  be  ejected 
from  the  cars  by  the  oflicers  in  charge  thereof. 

Sec.  12.  That  as  far  as  possible  articles  left  in  the  cars    Articles  left  in 
shall  be  cared  for  by  the  company,  to  the  end  that  they  '^''• 
may  be  returned  to  the  rightful  owner. 

Sec.  13.  That  the  rate  of  fare  which  may  be  charged    Fare, 
for  the  transportation  of  passengers  over  the  line  of  said 
company  within  the  District  of  Columbia  shall  not  exceed 
five  cents  per  passenger,  and  six  tickets  shall  be  sold  for 
twenty-five  cents. 

Sec.  14.  That  the  company  is  authorized  to  erect  and 
maintain  the  buildings  necessary  to  the  operation  of  this 
road,  subject  to  the  building  regulations  of  the  District  of 
Columbia.  The  company  shall  erect  and  maintain  passen- 
ger rooms  and  transfer  stations  as  required  by  the  Com- 
missioners of  the  District  of  Columbia.  All  passenger 
rooms  and  transfer  stations  shall  be  provided  with  such 
conveniences  for  the  public  as  said  Commissioners  mav 
direct.  "^ 

Sec.  15.  That  the  said  company,  through  its  proper 
olhcers,  shall  annually,  on  or  before  August  first,  make 
return  under  oath  to  the  board  of  personal  tax  appraisers 
ot  the  District  of  Columbia  of  the  amount  of  its  gross 
receipts  in  the  District  of  Columbia  during  the  preceding 
year  ending  June  thirtieth,  and  shall  pay  to  the  collecto? 
ot  taxes  ot  the  District  of  Columbia,  at  the  same  time  and 
in  the  same  manner  as  other  personal  taxes  are  paid,  an 
amount  equal  to  four  per  centum  per  annum  thereon  in 
lieu  of  other  personal  taxes;  that  the  real  estate  of  the 
said  company  in  the  District  of  Columbia  shall  be  assessed 
and  taxed  as  is  other  real  estate  in  said  District. 

bEC.  16.  That  nothing  in  this  Act  shall  prevent  the  Grades, 
ijistrict  of  Columbia,  at  any  time,  at  its  option,  from 
altering  the  grade  of  any  avenue,  street,  or  highway  occu- 
pied by  said  railway,  or  from  altering  and  improving 
streets,  avenues,  highways,  and  the  sewerage  thereof;  and 
tne  company  shall  change  its  railway  construction  and 
pavements  so  as  to  conform  to  such  grades  and  improve- 
ments as  may  have  been  or  may  be  established. 

feEc.  17.  That  said  company  is  authorized  to  construct  Telegraph  and 
ana  operate,  for  its  own  use  only,  telegraph  and  telephone  ^^^p^«°^  ^^^ 
lines  along  its  railway,  as  herein  provided  for,  subject  to 


Conveniences. 


Report 


Taxes. 


Real  estate. 


r 


Time  of  com- 
pletion. 


Penalty. 


Successors. 


Deposit  to  guar 
antee  constrac 
tion. 


Forfeit. 


Supervision  of 
Commissioners. 


16  LAWS   BELATING   TO   STEEET-BAILWAY    FRANCHISES. 

the  approval  of  the  Commissioners  of  the  District  of 

^S\a  That  the  construction  of  ^id  extension  on  the 
lines  of  said  railway  co^pjinywithm  the  District  of 
Columbia  shall  be  commenced  withm  one  year  of  the  pas 
sage  of  this  Act,  and  be  completed  and  cars  running  there- 
uiS.n  for  passenger  traffic  within  two  years  from  the 
J^sage  of  this  Act,  in  default  of  which  this  Act  shall  be 
void  and  of  no  effect.  .  ,         ,  _, ,. 

Sec.  19.  That  all  the  conditions,  requirements,  and  obli- 
gations imposed  by  this  Act  shall  be  complied  with  by  any 
if  the  successors  to  and  assigns  of  said  company  within 

'^Sec' 2a  That  within  sixty  days  from  the  approval  of 
this  Act,  the  company  shall  deposit  one  tbousand  d^llai^ 
with  the  collector  of  taxes  of  the  District  of  .^olumbia,  to 
guarantee  the  construction  of  this  railroad  within  the  pre- 
fcribed  time,  and  if  this  sum  is  not  so  deposited  this  Act 
shall  be  null  and  void.  If  the  sum  is  so  deposited  and 
the  road  is  not  in  operation  as  herein  prescribed,  sa  d  one 
thousand  dollars  sLll  be  forfeited  to  the  District  of 
Columbia,  and  this  Act  shall  be  void.  ; 

Sec    21.   That  the  construction,  adoption  of  motive 
power,  erection  of  buildings,  regulation  of  «c^edule  and 
Leed  of  running  shall  be  at  all  times  ^^^f  ^  f^f^^^^^^^^^^ 
sion  and  control  of  the  Commissioners  ot  the  District  ot 

^"sec.  22.  That  each  and  every  violation  of' the  require- 
ments of  this  Act,  or  of  the  regulations  ot  the  <-'Oinmis- 
Soners  of  the  District  of  Columbia  made  under  the 
Authority  thereof ,  shall  be  punishable  by  a  fine  of  from 
twenty-five  to  one  thousancT  dollars,  in  the  discretion  of 
the  court,  such  fines  to  be  collectible  in  any  court  of  com - 
petentTurisdiction  as  other  fines  and  penalties  are  collected 
m  the  District  of  Columbia.  , 

Sec.  23.  That  the  Anacostia,  SurrattsviUe  and  Brandy 
wine  Electric  Railway  Company  shall  have  the  right  of 
way  across  such  other  railways  ^s  are  now.  m  operation 
within  the  limits  of  the  lines  granted  by  this  Act,  and  is 
hereby  authorized  to  construct  its  said  road  across  such 
other  railways:  Provided,  That  it  shall  not  interrupt  the 
travel  of  such  other  railways  in  such  construction 

Sec.  24.  That  the  company  shall,  on  or  before  the  hrst 
dav  of  February  in  each  year,  make  a  report  to  each  the 
Senate  and  House  of  Representatives,  as  prescribed  in  sec- 
tion ten  of  the  Act  of  June  tenth,  eighteen  hundred  and 
ninety-six,  entitled  "An  Act  to  extend  the  routes  of  the 
Eokinffton  and  Soldiers'  Home  Railway  Company  and  of 
The  K  Railway  Company  of  the  District  of  Columbia, 
and  for  other  purposes."  .  , 

Sec.  25.  That  Congress  reserves  the  right  to  alter^ 

amend,  or  repeal  this  Act. 
Approved,  March  3,  1906. 


\ 


Penalty  for 
violation  of  act 
and  regulations. 


Right  of  way 
across  other 
lines. 


Report  to  Con 
gress. 


Baltimore  and 
Was  hington 
Transit  Com- 
pany authorized 
to  enter  District 
of  Columbia. 


Route. 


Spring  road. 


BALTIMOEE  AND  WASHINGTON  TEANSIT  COMPANY. 

AN  ACT  To  authorize  the  Baltimore  and  Washington  Transit  Com-    June  8. 18%. 
pany,  of  Maryland,  to  enter  the  District  of  Columbia. 

Be  it  enacted  hy  the  Senate  and  Home  of  Representatives 
of  the  United  States  of  ATnerica  in  Congress  assembled.  That 
the  Baltimore  and  Washington  Transit  Company,  incor- 
porated under  the  laws  of  the  State  of  Maryland,  and  by 
amended  charter  by  act  of  the  legislature  of  Maryland 
eighteen  hundred  and  ninety-six,  be,  and  is  hereby,  author- 
ized to  extend  its  road  from  its  present  charter  terminus 
at  Takoma  Park,  Maryland,  into  and  within  the  District  of 
Columbia,  commencing  at  the  northeastern  boundary  line 
of  the  District  of  Columbia,  on  Spring  road  in  Takoma 
l^ark  subdivision,  westerly  along  said  road  to  the  line  of 
lahoe  street  extended,  west  along  the  line  of  said  street 
to  Blair  road,  and  thence  northwesterly,  following  public 
highways,  to  a  junction  with  the  Brightwood  Railway 
aiong  a  route  to  be  approved  by  the  Commissioners  of  the 
District  of  Columbia:  Provided,  That  the  right  of  use  of 
bpring  road  authorized  herein  shall  cease  and  determine 
when  highways  contiguous  thereto  and  shown  upon  the 
recorded  highway-extension  plans  shall  have  been  opened 
m  which  case  the  route  of  the  said  company  shall  be  upon 
said  highways,  as  may  be  approved  by  the  said  Commis- 
sioners, m  heu  of  Spring  road. 

Sec.  2.  That  the  Baltimore  and  Washington  Transit 
Company  and  the  Brightwood  Railway  Company  shall  have 
the  power  to  make  any  contracts  or  agreements  that  thev 
may  deem  necessary  to  enable  the  said  companies  to  run 
the  cars  of  each  or  either  company  over  the  tracks  of  the 
other  company,  and  also  to  contract  for  and  use  the  power 
ot  each  or  either  company  to  propel  the  cars  of  the  other 
company;  that  said  extension  of  the  transit  companvfrom 
the  District  of  Columbia  line  to  a  junction  with  the  tracks 
ot  the  Brightwood  Railway  Company,  near  Fifth  and  Uma- 
tilla streets,  m  Takoma  Park,  District  of  Columbia,  shall 
be  commenced  withm  six  months  and  completed  within  one 
year  from  the  passage  of  this  Act. 

ho  M*  !'  ^^^^  ^°  *^®  ^"^^^^  ^^^*  ^^®  company  should  not 
oe  able  to  come  to  an  agreement  with  the  owner  or  owners 
ot  any  land  through  which  the  said  road  may  be  located  to 
pass,or  upon  which  any  necessary  buildings  may  be  required 
to  be  located,  proceedings  for  the  condemnation  for  the  use 
ot  the  company  of  so  much  of  said  land  as  mav  be  required, 
not  exceed'mg  thirty  feet  in  width,  for  its  roadway,  and  of 

16400-05 2  ly 


Trackage  ar- 
rangements with 
Brightwood  R'y. 


Commence- 
ment and  com- 
pletion. 


Condemnation 
of  land. 


18 


LAWS   BELATING   TO   STREET-RAILWAY   FRANCHISES. 


Trolley. 


SO  much  as  may  be  necessary  for  buildings,  and  so  forth, 
may  be  instituted  in  the  usual  way  in  the  supreme  court  of 
the  District  of  Columbia,  under  such  rules  and  regulations 
as  said  court  may  prescribe  for  such  purposes:  Provided^ 

Landtobeded-  That  the  land  acquired  by  such  agreement  or  condemnation 
ifcoiuSb^^""'  for  right  of  way  for  tracks  within  the  limits  of  streets  of 
the  recorded  highway-extension  plans  shall  be  dedicated 
to  the  District  of  Columbia  for  a  public  right  of  way  before 
the  company  shall  lay  its  tracks  on  such  land;  and  that 
such  right  of  way  shall  not  be  less  than  thirty  feet  in  width 
for  double  tracks  nor  twenty  feet  in  width  for  single  track. 
Sec.  4.  That  the  said  Baltimore  and  Washington  Tran- 
sit Company  shall  be  empowered  to  construct,  maintain, 
equip,  and  operate  a  single  or  double  track  street  railway 
over  the  said  line,  with  all  necessary  buildings,  switches, 
machinery,  appliances,  appurtenances,  and  other  devices 

Motive  power,  neccssary  to  operate  the  same  by  cable,  electricity,  com- 
pressed air,  storage  battery,  or  other  motive  power,  to  be 
approved  by  the  Commissioners  of  the  District  of  Colum- 
bia: Provided^  That  the  right  of  said  company  to  use  an 
overhead  single  trolley  on  a  street  or  part  of  a  street  shall 
cease  six  months  after  the  date  of  the  approval  of  an  Act 
of  Congress  appropriating  money  for  or  otherwise  author- 
izing the  paving  of  the  roadway*^of  such  street  or  part  of 
street,  except  in  connection  with  continuous  track  rails: 
And  provided  further^  That  the  right  of  said  company  to  use 
an  overhead  single  trolley  in  any  public  space  m  the  Dis- 
trict of  Columbia,  except  in  connection  with  continuous 
track  rails,  shall  in  any  event  cease  on  July  first,  eighteen 
hundred  and  ninet3^-nine.  Said  railway  to  be  constructed 
of  good  material,  with  grooved  rails  of  approved  pattern, 
and  in  a  neat  and  substantial  manner,  subject  to  the  super- 
vision and  approval  of  the  Commissioners  of  the  District 
of  Columbia;  the  standard  gauge  to  be  used  and  the  sur- 
faces of  the  tracks  to  conform  to  the  grades  of  the  streets 
established  by  the  Commissioners  of  the  District  of  Colum- 
bia, and  where  the  tracks  lie  within  the  streets  of  the  Dis- 
trict of  Columbia  the  same  to  be  paved  between  the  rails 
and  two  feet  outside  thereof  with  such  material  and  in  such 
manner  as  shall  be  approved  by  the  said  Commissioners, 
and  kept  in  repair  by  the  said  railway  company. 

Sec.  5.  That  said  railway  shall  be  constructed  in  a  sub- 
stantial and  durable  manner.  The  plans  of  construction, 
rails,  electrical  and  mechanical  appliances,  conduits  and 
stations,  and  location  of  stations  and  tracks,  shall  be  sub- 
ject to  the  approval  of  the  Commissioners  of  the  District 
of  Columbia.  The  said  company  having  first  obtained  the 
written  permission  of  the  District  Commissioners  therefor, 
may  make  all  necessary  trenches  and  excavations  and  place 
therein  the  machinery  and  devices  necessary  to  the  opera- 
tion of  said  railway.  When  said  trenches  and  excavations 
are  open  they  shall  be  thoroughly  protected  to  prevent  acci- 
dent, and  shall  be  closed  within  a  reasonable  time  and  the 
disturbed  pavement  relaid,  all  to  the  satisfaction  of  said 


Construction. 


Plana. 


Excavations. 


LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES. 


19 


Commissioners.  The  said  company  shall,  at  its  own  expense, 
in  a  good  and  substantial  manner,  make  all  changes  to 
pipes,  conduits,  and  other  underground  constructions  ren- 
dered necessary  by  the  construction  of  said  railway.  Said 
company  shall  be  liable  for  any  damage  to  pipes  or  other 
underground  constructions  caused  by  the  passage  of  its 
cars  over  the  same,  or  by  electric  current  used  in  the  pro- 
pulsion of  its  cars.  The  said  company  shall,  before  com- 
mencing work  on  said  railroad,  deposit  with  the  collector  Deposit 
of  taxes  of  the  District  of  Columbia  such  sum  as  the  Com- 
missioners of  said  District  may  deem  necessary  to  defray 
any  expense  that  may  be  incurred  by  the  District  of  Colum- 
bia in  connection  with  the  inspection  of  the  work  of  con- 
struction of  said  railway,  and  to  make  good  any  damage 
done  by  said  company  or  any  of  its  contracting  agents  to 
any  public  work  or  construction.  An  account  of  the  dis- 
bursement of  such  deposit  or  deposits  shall  be  made  to 
said  company,  and  any  balance  due  them  shall  be  returned 
upon  the  completion  of  the  work  to  defray  the  cost  of  which 
the  money  was  deposited. 

Sec.  6.  That  whenever  the  roadway  of  any  street  occu-  widening 
pied  by  the  said  railway  company  is  widened,  one-half  of  ^^'^^^' 
the  cost  of  widening  and  improvement  of  such  widened  part 
shall  be  charged  to  the  said  railway  company  and  collected 
from  said  company  in  the  same  manner  as  the  cost  of  laying 
or  repairing  pavements  lying  between  the  exterior  rails 
of  the  tracks  of  street  railways,  and  for  a  distance  of  two 
feet  from  and  exterior  to  such  track  or  tracks  on  each  side 
thereof  is  collectible  under  the  provisions  of  section  five  of 
the  Act  entitled  "An  Act  providing  a  permanent  form  of 
government  for  the  District  of  Columbia,"  approved  June 
eleventh,  eighteen  hundred  and  seventy-eight. 

Sec.  7.  That  nothing  in  this  Act  shall  prevent  the  Dis-  rad^*"^^  ^' 
trict  of  Columbia'at  any  time,  at  its  option,  from  altering  ^^'^^  ^' 
the  grade  of  any  avenue,  street,  or  highway  occupied  by 
said  railway,  or  from  altering  and  improving  streets,  ave- 
nues, and  highways,  and  the  sewers  thereof.  In  such  event 
it  shall  be  the  duty  of  said  company  to  change  its  said 
railway  and  the  pavement  so  as  to  conform  to  such  grades 
and  improvements  as  may  have  been  established. 

Sec.  8.  That  the  said  company  in  conjunction  with  the  ^*^®- 
said  Brightwood  Railway  may  receive  a  rate  of  fare  not 
exceeding  fwQ  cents  for  each  passenger  for  one  continuous 
ride  over  the  route  aforesaid  and  the  route  of  the  said 
Brightwood  Railway  within  the  District  of  Columbia,  or 
any  part  thereof,  between  the  termini  of  said  railroad 
within  said  District,  and  shall  sell  tickets  at  the  rate  of 
SIX  for  twenty-five  cents. 

Sec.  9.  That  said  company  shall  pay  to  the  District  of  Taxes. 
Columbia,  in  lieu  of  taxes  on  personal  property,  for  each 
nscal  year,  four  per  centum  of  its  gross  earnings  under  this 
tranchise  upon  its  traffic  for  the  preceding  year  derived 
™!n^he  operation  thereof  within  the  District  of  Columbia, 
which  amount  shall  be  paid  to  the  collector  of  taxes  at  the 


20 


Report. 


Bonds,  etc. 


Commence- 
ment and  com- 
pJetion. 


Guaranty 
posit. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.    • 

t 

times  and  in  manner  that  other  taxes  are  or  may  be  pay- 
able, and  subject  to  the  same  penalty  in  case  of  arrears; 
and  the  franchise  and  property  of  said  company,  both  real 
and  personal,  to  a  sufficient  amount,  may  be  seized  and 
sold  in  satisfaction  thereof  in  the  same  manner  as  is  or 
may  be  provided  by  law  for  the  sale  of  other  property  for 
taxes,  and  said  per  centum  of  its  gross  earnings  shall  be  in 
lieu  of  any  and  all  assessments  upon  its  personal  property 
in  the  District  of  Columbia  used  solely  and  exclusively  in 
the  operation  and  management  of  said  railway;  but  its 
real  estate  in  said  District  shall  be  taxed  as  other  real 
estate  therein:  Provided,  That  its  tracks,  machinery,  and 
devices  shall  not  be  considered  real  estate  for  the  purpose 
of  taxation. 

Sec.  10.  That  the  said  company  shall,  on  or  before  the 
first  day  of  February  of  each  year,  make  a  report  to  Con- 
gress, through  the  Commissioners  of  the  District  of  Colum- 
bia, of  the  names  of  all  the  stockholders  therein  and  the 
amount  of  stock  held  by  each,  together  with  a  detailed 
statement  of  the  receipts  and  expenditures  from  whatever 
source  and  on  whatever  account  for  the  preceding  year 
ending  December  thirty-first,  and  such  other  facts  as  may 
be  required  by  any  general  law  of  the  District  of  Columbia. 
The  report  shall  be  verified  by  the  affidavit  of  the  presi- 
dent and  secretary  of  the  company,  and  if  said  report  is 
not  made  within  the  time  specified  herein  said  company 
shall  be  liable  to  a  fine  of  ^y^  hundred  dollars,  to  be  recov- 
ered in  any  court  of  competent  jurisdiction  at  the  suit  of 
the  Commissioners  of  the  District  of  Columbia. 

Sec.  11.  That  the  said  corporation  may  issue  bonds  or 
other  evidence  of  debt,  to  be  secured  by  mortgage  of  its 
railroad  properties  and  franchise  within  the  District  of 
Columbia,  or  by  deed  of  trust  thereon,  but  not  to  an 
amount  greater  than  the  cost  of  construction  and  equip- 
ment. It  may  own,  purchase,  lease,  and  sell  real  estate 
for  the  purposes  of  operating  said  road. 

Sec.  12.  That  said  company  shall  commence  the  con- 
stmction  of  its  said  railway  within  six  months  from  the 
approval  of  this  Act,  and  said  railway  shall  be  open  for 
traffic,  with  its  switches  and  turn-outs,  and  with  cars  run- 
ning thereon  for  the  accommodation  of  passengers,  within 
one  year  from  the  date  of  the  approval  of  this  Act. 

Sec.  13.  That  the  said  railway  company  shall  deposit 
with  the  collector  of  taxes,  District  of  Columbia,  the  sum 
of  one  thousand  dollars,  within  sixty  days  from  the  passage 
of  this  Act,  as  a  guaranty  that  it  will  commence  and  com- 
plete its  road  within  the  time  herein  limited.  And  unless 
said  sum  of  one  thousand  dollars  is  so  deposited  within 
sixty  days  from  the  passage  of  this  Act,  all  rights,  fran- 
chises, and  privileges  hereby  granted  shall  immediatelv 
cease  and  determine,  and  this  charter  shall  be  null  and 
void.  Should  the  said  railway  company  fail  to  commence 
or  complete  the  construction  of  its  road  within  the  limit  of 
time  prescribed  by  this  Act,  said  sum  of  one  thousand 


de- 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.     *      21 

dollars  shall  be  forfeited  by  the  said  railway  compan v  and 
sha  1  be  deposited  by  the  collector  of  taxes  withX  &ted 

tht  SsuSTn^  'k    '•''^^*  ^f  '^^  ^^i^^d  States  and 
tne  L»istiict  ot  Columljia,  m  equal  parts 

bia  mav  t  aKnh  ^"""P'^.^'oners  of  the  District  of  Coluni-    speed. 
D  a  may  make  such  regulations  as  to  rate  of  speed,  sched-    schedule. 
ule  for  runnmg  cars,  mode  of  use  of  tracks,  anrremoval  of 

venience  of  the  public  may  require.  Should  the  servant, 
or  agente  of  saicf  company  wilffully  or  negligently  v7okte 
such  an  ordinance  or  regulation,  "said  comfany  shall  te 

!S^^htd?X1,al^°'""'^'^  ^-^  P^-^3^-^^^^^^^^^ 

alte^or  i-ep^afthiriT^  ""^^"  *'^  "^'^^  "^  amend,  ^^A.end.en, 
Approved,  June  8,  1896. 


BELT  RAILWAY  COMPAmr  (OEIGINALLY  THE  CAPITOL,  NOETH  0 
STREET  AND  SOUTH  WASHINGTON  RAILWAY  COMPANY). 

AN  ACT  To  incorporate  the  Capitol,  North  O  Street,  and  South  Wash- 
ington Railway  Company.     ( aNow  the  Belt  Railway  Company. ) 


Be  it  enacted  hy  the  Senate  and  Home  of  Representatives 
of  the  United  States  of  America  in  Congress  assemhled^  That 
Joseph  Williamg,  William  J.  Murtagh,  Hallet  Kilbourn, 
Benjamin  F.  Fuller,  William  J.  Cowing,  Samuel  R.  Bond, 
William  Saunders,  George  W.  Goodall,  George  A.  Mcll- 
henny,  L.  A.  Bartlett,  and  L.  H.  Chandler,  and  their 
associates  and  assigns,  be,  and  they  are  hereby,  created  a 
body  corporate,  under  the  name  of  the  Capitol,  North  O 
Street,  and  South  Washington  Railway  Company,  with 
authority  to  construct  and  lay  down  a  single  or  double 
track  railway,  with  the  necessary  switches  and  turn  outs, 
m  the  city  of  Washington,  in  the  District  of  Columbia, 
through  and  along  the  following  streets  and  avenues: 
commencing  on  First  street  west  in  front  of  the  Capitol 
grounds,  and  running  thence  due  north  along  said  First 
street  west  to  G  street  north;  thence  west  along  G  street 
north  to  Fourth  street  west;   thence  along  Fourth  street 
west;  thence  along  O  street  north  to  Eleventh  street  west; 
thence  south  along  Eleventh  street  west  to  E  street  north; 
thence  west  along  E  street  north  to  Fourteenth  street 
west;   thence  south  on  Fourteenth  street  west  to  Ohio 
avenue;  thence  along  said  avenue  to  its  intersection  with 
1  welfth  street  west;  thence  south  along  said  Twelfth  street 
west  to  Virginia  avenue;  thence  southeast  along  Virginia 
avenue  to  its  intersection  with  Maryland  avenue;  thence 
northeast  along  Maryland  avenue  to  First  street  west,  the 
place  of  beginning,  with  the  right  to  run  public  carriages 
thereon,  drawn  by  horse-power,  receiving  therefor  a  rate 
of  fare  not  exceeding  five  cents  a  passenger  for  any  dis- 
tence  on  said  road,  from  its  beginning  to  its  terminus  on 
i^irst  street  west:  Provided,  That  wherever  the  foregoinff 
route  may  coincide  with  the  route  of  any  other  duh- 
incorporated  street-railroad-company  in  the  District,  or 
connect  portions  of  such  route,  but  one  set  of  tracks  shall 
be  used  by  both  companies,  which  are  hereby  authorized 
and  empowered  to  use  such  tracks  in  common,    upon 
such  fair  and  equitable  terms  as  may  be  agreed  upon 
py  said  companies;  and  in  the  event  the  said  companies 


March  3, 1875. 
Stats.  18,  p.  498. 


Capitol,  North 
O  Street  and 
South  Washing- 
ton Railway 
Company  incor- 
porated. 


Route 
tended). 


(ex- 


Motive  power. 
Fare. 


Coinciding 
routes. 


Terms  of  joint 
use  of  tracks. 


24 


LAWS    RELATING    TO   STREET-RAILWAY    FRANCHISES. 


TaAfl 


II 


Constnictioii. 


I| 


fail  to  agree  upon  satisfactory  terms,  either  of  said  com- 
I»nies  may  app^y  by  petition  to  the  supreme  court  of 
the  District  of  Columbia,  which  shall  provide  for  proper 
notice  to  and    hearing  of   all    parties    interested,   ind 

nnnn  wl''\P°'^l1u  **  ^^e^^'^^  *^«  *«'™s  and  Conditions 
upon  which,  and  the  regulations  under  which,  the  company 
hereby  incorporated  shall  be  entitled  so  to  use  and  enjoy 
the  track  of  such  other  street-railroad-company,  and  the 
amount  and  manner  of  compensation  to  be  paicf  therefor: 
Andpromdedfurther,  That  neither  of  the  companies  usinff 
such  track  in  common  shall  be  permitted  to  make  the  track 
so  used  m  common  the  depot  or  general  stopping-place  to 
await  passengers,  but  shall  only  be  entitled  to  use  tL  same 
for  the  ordinary  passage  of  their  cars,  with  the  ordinary 

el  o    ^t*?^u°^  "P,*"/  *^«  dropping  of  passengers. 

bEC.  2.  That  the  road  of  said  company,  with  all  ite  prop- 
erty aud  franchises,  shall  be  liable  t^  taxation  as  is  or  may 
!f  Pf™  ^y  l.*!^'  and  their  cars  or  vehicles  shall  be  sub- 
therXr     P'**^*^'**"*  ***  ^^^^  '»^s  ^s  to  license  and  fees 

o.^f^:  ^/ JH*  ^''f  ^^^  ■^"'^"y  ^•'^l'  ^  laid  as  near  the 
center  of  the  streets  and  avenues  in  the  city  of  Washington 

as  practicable(withoutinterfering  with,  or  passing  over,  the 
water  or  gas-pipes)  in  the  most  approved  manner  adapted 

wifhT fl  T^''^''  ^'^^  '^"^  ***  *''«  most  approved  pattern, 
with  a  flat  bearing  for  street  vehicles  of  not  less  width 

on'  hP  W,  h*''^.  car-wheel  bearing,  than  that  now  in  use 
»1  Washington  and  Georgetown  railroad,  laid  upon  an 
even  surface  with  the  pavement  of  the  streets  and  avenues: 
!?5n  fr^'f  *>«*r^'lthe  two  tracks  (where  two  are  laid) 
shall  not  be  less  than  four  feet  nor  more  than  six  feet  iii 
Za^'  *?  ^^^  carnages  shall  not  be  less  than  six  feet  in 
Street  ^Hwa"^^      correspond  with  that  of  the  Columbia 

Sec.  4.  That  the  said  corporation  hereby  created  shall 
h^vn^^fl  ^^P  .«"\t™c^s,  and  a  smce  of  two  feet 
ihlT  t  ""^^l  '.^''^  thereof,  and  also  the  space  between 
the  tracks,  at  all  times  well  paved  and  in  good  order  in 

ht  .KT°!f  T^  ^^^^  ?"'='»  mi,U^t\B\  as  miy  be  directed 
^y}^f^^^\oi  commissioners  of  the  District  of  Columbia 
and  If  there  be  at  any  time  no  such  board,  then  by  the  Sec- 
^id  «t  '  "^^    °"*  expense  to  the  United  States  or  the 

^Tj^"^^  ^^^'  X  •  ^^^  nothing  in  this  act  shall  prevent  the  Gov- 
by  .nthonnes.  ernment,  or  the  proper  authorities  of  the  l5istrictof  Colum- 
bia, at  any  time,  at  its  option,  from  altering  the  grade,  or 
otherwise  improving  all  avenues  and  streets  occupied  by 
said  road,  or  the  said  District,  from  so  altering  and  improv- 
ing such  streets  and  avenues,  and  the  sewerage  thereof,  as 
may  be  under  their  respective  authority  and  control:  and 
m  such  event  it  shall  be  the  duty  of  said  company,  at  its 
own  expense,  to  change  their  said  railway  so  as  to  conform 
to  such  grade  and  pavement. 


Paving, 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.  25 


Sec.  6.  That  this  act  may  at  any  time  be  altered, 
S^tes        ^'*  ""^P^^^^^  ^y   ^^^  Congress  of  the    United 

Sec.  7.  That  nothing  in  this  act  shall  be  so  construed  as 
to  authorize  said  body  corporate  to  issue  any  note,  token  or 
device,  scrip,  or  other  evidence  of  debt,  to  be  used  as 
currency. 

Sec.  8.  That  the  capital  stock  of  said  company  shall  not 
be  less  than  two  hundred  thousand  dollars  nor  more  than 
hye  hundred  thousand  dollars,  and  that  the  stock  shall  be 
divided  into  shares  of  fifty  dollars  each,  and  shall  be 
deemed  personal  property,  transferable  in  such  manner  as 
tne  by-laws  of  said  company  may  direct. 

Sec.  9.  That  the  said  company  shall  place  first  class  cars 
on  said  railway,  with  all  the  modern  improvements,  for  the 
convenience  and  comfort  of  passengers,  and  shall  run  cars 
thereon  during  the  day,  and  as  late  at  night  as  eleven 
o  clock,  and  as  often  as  every  ten  minutes. 

Sec.  10.  That  the  said  company  shall  provide  such  pas- 
senger rooms  offices,  stables,  and.  depots  at  such  points  as 
tHe  business  of  the  road  and  the  convenience  of  the  public 
may  require;  and  said  company  is  hereby  authorized  to 
lay  such  rails  through  transverse  streets  or  avenues  as  mav 
be  necessary  not  exceeding  one  block  in  distance  in  anv 
one  place,  for  connecting  the  said  stables,  depots,  and  offices 
with  the  main  tracks;  and  the  said  company  is  herebv 
authorized  to  purchase  or  lease  such  lands  or  buildings  as 
may  be  necessary  for  the  passenger  rooms,  ticket  offices, 
stables,  and  depots  above  named,  and  not  to  exceed  two 
nundred  thousand  dollars  in  value. 

Sec.  11.  That  all  articles  of  value  that  may  be  left  in 
any  of  the  cars  or  other  vehicles  of  said  company  shall  be 
taken  to  its  principal  depot  and  entered  in  a  book  of  record 
pt  unclaimed  goods;  which  book  shall  be  open  to  the 
inspection  of  the  public  at  all  reasonable  hours. 

Sec.  12.  That  within  thirty  days  after  the  passage  and 
approval  of  this  act,  the  corporators  named  in  the  first  sec- 
tion, or  a  majority  of  them,  or,  if  any  refuse  to  act,  then  a 
majority  of  the  remainder,  shall  cause  books  of  subscrip- 
tion to  the  capital  stock  of  said  company  to  be  opened,  and 
kept  open,  m  some  convenient  and  accessible  place  or  places 
m  the  city  of  Washington,  for  a  period,  to  be  fixed  b v  said 
corporators,  not  less  than  two  days;  and  said  corporators 
shall  give  public  notice,  by  advertisement  in  not  less  than 
two  daily  papers  published  in  the  city  of  Washington,  of 
tne  tinie  when  and  place  where  said  books  shall  be  opened 
and  subscribers  upon  said  books  to  the  capital  stock  of  the 
company  shall  be  held  to  be  stockholders:  Provided,  That 
no  one  individual  shall  be  allowed  to  subscribe  for  more 
tdan  two  hundred  shares  of  said  stock:  Provided  furthei\ 
ibat  every  subscriber  shall  pay,  at  the  time  of  subscribing 
ten  per  centum  of  the  amount  by  him  subscribed  to  the 
treasurer  of  said  company,  or  his  subscription  shall  be  null 


Amendment. 


Issue  of  cur- 
rency not  auth- 
orized. 


Capital   stoc^ 


Cars. 


Pas  senger 

rooms. 


Tracks  may 
connect  with 
buildings  of  com- 
pany. 


Articles  left  in 
cars. 


Opening  books 
of  subscription. 


Limit  of  sub- 
scription. 

Payment  on 
subscribing. 


26 


Meeting 
stockholders. 


of 


Board    of    di 
rectors. 


Presideiit. 
Treasurer. 


Secretary. 


By-laws. 


Collection 
assessments 
suit. 


LAWS   BELATING   TO   STREET-RAILWAY   FRANCHISES. 

and  void;  and  said  payment  shall  in  no  case  be  withdrawn 
or  loaned  to  any  member  of  said  company.  And  when  the 
books  of  subscription  to  the  capital  stock  of  said  company 
shall  be  closed,  the  corporators  named  m  the  first  section, 
or  a  majority  of  them,  and,  in  ca.se  any  of  them  refuse  to 
act,  then  a  majority  of  the  remainder,  shall,  within  ten  days 
thereafter,  call  the  first  meeting  of  the  stockholders  of  said 
company,  to  meet  within  ten  days  thereafter,  for  the  choice 
of  seven  directors,  of  which  public  notice  shall  be  given  for 
three  days,  in  not  less  than  two  newspapers  published  daily 
in  the  city  of  Washington,  or  by  written  or  printed  personal 
notice  to  each  stockholder  by  the  secretary  or  clerk  of  the 
said  corporation.  And  in  all  meetings  of  the  stockholders 
each  share  shall  entitle  the  holder  to  one  vote,  to  be  given 

in  person  or  by  proxy.  offoi^a 

Sec  13    That  the  government  and  direction  ot  the  aflairs 

of  the  company  shall  be  vested  in  a  board  ^f  directors,  seven 
in  number;  who  shall  be  stockholders,  and  who  fall  hold 
their  office  for  one  year,  or  until  others  are  duly  elected  and 
qualified  to  take  their  places  as  directors.     And  the  said 
directors  (a  majority  of  whom  shall  constitute  a  quorum) 
shall  elect  one  of  their  number  to  be  president  of  the  board, 
and  who  shall  also  be  president  of  the  company;  and  they 
shall  also  choose  a  treasurer,  who  shall  be  a  stockHoiaer, 
and  who  shall  give  bonds,  with  security,  to  said  company, 
in  such  sum  as  the  said  directors  may  require,  for  the  taitti- 
ful  discharge  of  his  trust;  and  said  board  shall  also  elect 
a  secretary,  who  shall  also  be  a  stockholder,  and  who  shall 
perform  such  duties  as  usually  pertain  to  said  oiface.     In 
case  of  a  vacancy  in  the  board  of  directors,  by  death  or 
resignation,  or  otherwise,  of  any  director,  the  vacancy  occa- 
sioned thereby  shall  be  filled  by  the  remaining  directors. 
Sec  14.  That  the  directors  shall  have  full  power  to  make 
and  prescribe  such  by-laws,  rules,  and  regulations  as  they 
shall  deem  needful  and  proper  respecting  the  disposition 
and  management  of  the  stock,  property,  estate,  and  eltects 
of  the  company,  not  contrary  to  the  cliarter  or  the  laws  ot 
the  United  Bt^tes  or  of  the  District  of  Columbia:  Provided, 
That  the  directors  of  said  company  shall  have  power  to 
require  the  subscribers  to  the  capital  stock  to  pay  the 
amount  by  them  respectively  subscribed,  at  such  time, 
(after  the  first  installment,)  in  such  naanner,  and  in  such 
amounts  as  they  may  deem  proper;  and  if  any  stockholder 
shall  refuse  or  neglect  to  pay  any  installment  as  required 
bv  a  resolution  of  the  board  of  directors,  after  reasonable 
notice  of  the  same,  the  said  board  of  directors  may  sell  at 
public  auction,  to  the  highest  bidder,  so  many  shares  of  his 
said  stock  as  shall  pay  said  installment,  (and  the  highest 
bidder  shall  be  taken  to  be  the  person  who  offers  to  pur- 
chase the  least  number  of  shares  for  the  assessnaent  due,) 
under  such  general  regulations  as  may  be  adopted  in  the 
bv-laws  of  said  company;  or  said  body  corporate  may  sue 
and  collect  the  same  from  any  delinquent  subscriber  m  any 
court  of  competent  jurisdiction;  and  no  part  ot  the  capital 


Sale   of    stock 
not  paid  up. 


of 
by 


V 


Report. 


Obstruction  oi 
cars,  etc. 


LAWS    RELATING    TO   STREET-RAILWAY    FRANCHISES.  27 

paid  in  shall  at  any  time  be  withdrawn  by  said  company 
or  any  member  thereof. 

Sec.  15.  That  there  shall  be  an  annual  meeting  of  the  .^Annual  meet- 
stockholders  for  choice  of  directors,  to  be  holden  at  such 
time  and  place,  under  such  conditions,  and  upon  such  notice 
as  the  said  company,  in  their  by-laws,  may  prescribe;  and 
said  directors  shall  annually  make  a  repoit  of  their  doings 
to  the  stockholders  in  general  meeting. 

Sec.  16.  That  if  any  person  or  persons  shall  willfully  and 
unnecessarily  obstruct  or  impede  the  passage  of  the  cars  of 
said  railway,  or  destroy  or  injure  the  cars,  depot,  stations, 
or  other  propert}^  belonging  to  said  railway,  the  person  or 
persons  so  offending  shall  forfeit  and  pay  for  each  such 
offense  the  sum  of  ten  dollars  to  said  company,  to  be  recov- 
ered and  disposed  of  as  other  fines  and  penalties*  in  said 
District,  and  shall  remain  liable,  in  addition  to  said  penalty, 
for  any  loss  or  damage  occasioned  by  his,  her,  or  their  act  as 
aforesaid;  but  no  suit  shall  be  brought  unless  commenced  g^Ji^™*^***'"  <>' 
within  sixty  days  after  such  offense  shall  have  been  com- 
mitted. 

Sec.  17.  That  unless  said  corporation  shall  commence  to  gt^fon®"^  *^"" 
lay  the  said  track  within  four  months  and  complete  their 
said  railway  within  sixteen  months  after  the  passage  of  this 
act,  then  this  act  shall  be  null  and  void,  and  no  rights 
whatever  shall  be  acquired  under  it. 

Sec.  18.  That  no  person  shall  be  prohibited  the  right  to 
travel  on  any  part  of  said  road,  or  ejected  from  the  cars 
thereof,  for  any  other  cause  than  that  of  being  drunk,  dis- 
orderly, unclean,  contagiously  diseased,  refusing  to  pay  the 
legal  fare  exacted,  or  to  comply  with  the  lawful  general 
regulations  of  the  company. 

Sec.  19.  That  each  of  the  stockholders  in  the  said  rail-  sti;khSwe«^  **' 
way  company  shall  be  liable  individual!}^  for  all  the  debts 
and  liabilities  of  the  said  company  to  an  amount  equal  to 
the  amount  of  stock  held  by  such  stockholder. 

Sec.  20.  That  all  the  provisions  of  the  act  incorporat-    ^^*  J^^^^ 

xu      /^    1         v.*      T-»    •!  /-<  •    •  ^ .         -  rating  Columbia 

mg  the  Columbia  Kailway  Company,  requiring  reports  of  Railway  co.  ap- 
expenditures,  earnings,  and  otherwise,  shall  be  applicable  ^^^^* 
to  the  company  herein  incorporated,  which  shall  make 
reports  as  in  said  act  required. 

Approved,  March  3,  1875. 


Exclusion  from 
cars. 


AN  ACT  To  amend  the  charter  of  the  Capitol,  North  O  street,  and    May  23, 1876. 
South  Washington  Railway  Company.    ( Now  The  Belt  Railway  Com- 
pany.) 


stats.  19.  p.  56. 


North 
Street    and 


Be  it  enacted  hy  tJie  Senate  and  House  of  Bepresentatives 
of  the  United  States  of  America  in  Congress  assembled.  That  ^  ^  s^j!^\ 
the  act  entitled  "An  act  to  incorporate  the  Capitol,  North  south  washing- 
O  street,  and  South  Washington  Railway  Company,"  ap- ^har^e^Tiiendi 
proved  March  3d,  1875,  be,  and  the  same  is  hereby,  amended  ^ 
so  as  to  authorize  and  allow  said  company  to  extend  its^^*^°**®°  «* 
line  on  4th  and  11th  streets  west  from  0  street  to  P  street"*" 


) 


^ 


28  LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES. 

north,  and  to  lay  a  single  track  and  run  its  cars  one  way 
upon  P  street  between  4th  and  11th  streets,  instead  of  lay- 
ing a  double  track  and  running  its  cars  both  ways  upon  O 
street. 

Approved,  May  23,  1876. 


route. 


\ 


March  3, 1881.  AN  ACT  To  amend  the  act  incorporating  the  Capitol,  North  O  Street 

Stats  21  p  414      *^^  ^^"*^  Washington  Railway  Company.     ( Now  The  Belt  Railway 
'   '      '     Company.) 

£e  it  enacted  hy  the  Senate  and  Hmme  of  Representatives 
o^sfreet^and^/^^  ^T^^^^d  States  of  America  171  Congress asseynhl ed.Thsit 
south^  Washing  the  act  to  incorporate  the  Capitol,  North  O  Street  and 
charter*  amend- ^<>uth  Washington  Railway  Company,  approved  March 
^-  third,  eighteen  hundred  and  seventy -five,  be,  and  the  same 

is  hereby,  amended,  so  as  to  authorize  said  company,  at 
trJJSSohS  ^^  discretion,  to  remove  its  track  from  Ohio  avenue  and 
avenue.  Twelfth  Street  southwest,  and  lay  a  single  or  double  track, 

X  nsion  of  g^jj^j  j.jjjj  |^.g  ^^^.g  thereou,  from  its  present  line  at  the  inter- 
section of  Ohio  avenue  and  Fourteenth  street  south,  along 
Fourteenth  street  to  C  street  southwest,  eastwardly  along 
C  street  southwest  to  Virginia  avenue,  to  connect  with  its 
present  line  at  the  junction  of  said  avenue  and  street;  and 
also  to  lay  a  single  or  double  track  from  its  present  line  on 
P  street  and  Eleventh  street  northwest,  north  along  said 
Eleventh  street  to  Boundary  street;  and  to  lay  a  single  or 
double  track  commencing  at  the  intersection  of  C  street 
and  Eleventh  street  southwest,  running  thence  south  on 
Eleventh  street  to  Water  street  south,  running  thence  east- 
erly  on  Water  street  south  to  M  street  south,  which  point 
pffin.  *'*'"""  shall  be  the  southern  terminus  of  the  road:  Provided,  That 
the  said  company  shall  complete  the  tracks  and  run  its  cars 
along  the  streets  named  within  six  months  from  the  approval 
of  this  act. 

trSjks.''''****''^  Sec-  2-  That  should  any  part  of  the  track  extension 
herein  authorized  coincide  with  portions  of  any  other  duly 
incorporated  street  railway,  the  relative  condition  of  the 
chartered  rights  may  be  adjusted  upon  terms  to  be  mutu- 
ally agreed  upon  between  the  companies,  or,  in  case  of  dis- 
agreement, by  the  supreme  court  of  the  District  of  Colum- 
bia, on  petition  filed  therein  by  either  party,  and  on  such 
notice  to  the  other  party  as  the  court  may  order. 
frJm*BS?eaiTf  ^^^' .^'  .^^at  the  fare  between  the  Bureau  of  Engraving 
Engraving  and  and  Printing  and  the  nearest  junction  with  anv  intersect- 

Prmting  to  con- :    ^  j     i_    ii  x.     j.  a.  ^ 

nectinFlines.mg^  TOad  SUall  DC  tWO  CCUtS. 

gSo^"^  '^"^'     ^^c-  ^'  That  any  other  duly  incorporated  street-railway 

other  railway  company  in  the  District  of  Columbia  shall  have  the  right 

S^Ss^S*^  ^^"^  i^^  ^*rs  ^v^r  that  portion  of  the  route  hereinbefore 

of  Pennsylvania  named  south  of  Pennsylvania  avenue,  upon  such  fair  and 

avenue  on  eqnl-  ^-xuix  i.  i  S.  .T  .  , 

table  terms.  equitable  terms  as  may  be  agreed  upon  between  the  said 
companies;  and  in  the  event  that  the  said  companies  shall 
fail  to  agree  upon  satisfactory  terms,  either  of  said  com- 
panies may  apply  by  petition  to  the  supreme  court  of  the 


LAWS   RELATING    TO   STREET-RAILWAY   FRANCHISES.  29 

District  of  Columbia,  which  shall  provide  for  proper  notice 
to,  and  hearing  of,  all  parties  in  interest;  and  shall  have 
power  to  determine  the  terms  and  conditions  upon  which 
and  the  regulations  under  which,  the  said  company  or  com- 
panies using  the  tracks  over  the  route  before  named  may 
use  and  en]oy  said  tracks,  and  the  amount  and  manner  of 
compensation  to  be  paid  therefor. 

Sec.  .5. /That  Congress  may  at  any  time  amend,  alter,  or    Amendment 
repeal  this  act.  ' 

Approved,  March  3,  1881. 


of 


^and^  SonTh  ^^11^  ^T  ""^^  extension  of  the  Capitol,  North  O  Street    March  i.i883. 
and^South  Washington  Railway.     (Now  The  Belt  Railway  Com-    gtats  22  p  432: 

Be  itmmted  ly  the  Senate  and  Rome  of  Representatives 
(irt/ie  Untied  btates  of  America  in  Co^^r  ess  assembled, 'l\i^i  oP^:^^^\  ^^'^t 
the  C>ito],  North  O,  Street  and  South  Washington  Rail- wfsSfn|?"o'S 
way  Company  is  hereby  authorized  to  extend  its  line,  byam'^Jnde'd^*''" 
laying  a  single  or  double  track,  and  running  its  carsr^^^^^°^ 
thereon,  on  the  following  streets  in  the  city  of  Washington 
namely :  Commencing  with  the  intersection  of  its  prisent 
line  at  Eleventh  and  E.  streets  northwest,  and  running  east 
along  E  to  Ninth  street;  thence  south  along  Ninth  street  to 
liouisiana  avenue;  thence  southwest  along  said  avenueto 
Ohio  avenue;  thence  west  along  Ohio  avenue  to  its  inter- 
section with  Its  present  line  at  the  junction  of  Ohio  avenue 
and  Iwelfth  street  northwest. 

Sec  2  That  unless  said  extension  is  constructed  and  the 
cars  run  thereon  within  six  months  from  the  passage  and 
approval  of  the  act  all  rights  granted  hereunder  shall  be 
void:  Irovided  That  no  new  track  or  tracks  shall  be  laid 
along  Ninth  street  from  D.  to  Louisiana  avenue,  but  said 
company  may  use  the  tracks  of  the  Metropolitan  Street 
Kailway  Company  between  said  points  upon  such  terms 
and  conditions  as  may  be  provided  in  the  original  act  of 
mcorporation  of  said  Capitol  North  O.  Street^and  South 
Washington  Railway  Company. 

Approved,  March  1,  1883. 


Completion. 


No  new  tracks 
on  Ninth  street. 


'^South'm^hl^^''  the  charter  of  the  Capitol,  North  O  8treet  and    August  9.  im 

of^ifrfTfi^H  <A^  -Wfe  and  EmueofBepresentatives 

ii    r-,  '^?'*'f«  atates  of  America  in  Conaress  assembled  That  „*?!'""'•  North 

the  CWol,  North  O  Street  and  SouTh  Wal^biSton  ^^^ 
r<f  rSnj  '^I'^reby  authorized  to  extend  its  tracks  S;?ia?5."'" 
named  ^flof'  b  ^'■•^°"  i^rougY^  and  along  the  following    Extension    „, 
SLi    ^H=  ?«Sr"l?»"g  at  Fourteenth  and  B  streete»°« 
southwest,  east  along  B  street  southwest  to  Twelfth  street 


30 


LAWS   RELATING    TO   STREET-RAILWAY    FRANCHISES. 


I 


Two-cent  fare 
repealed. 


southwest,  to  an  intersection  with  its  present  line  on  said 
Twelfth  street. 

Sec.  2.  That  section  three  of  the  act  entitled  "An  act  to 
amend  the  charter  of  the  Capitol,  North  O  street  and 
South  Washington  Railway  Company,"  approved  March 
third,  eighteen  hundred  and  eighty-one,  be,  and  the  same 
is  hereby  repealed. 
Completion.  Sec.  3.  That  unless  said  extension  is  completed  and  the 
cars  run  thereon  within  six  months  from  the  passage  and 
approval  of  this  act,  the  authority  herein  granted  shall  be 
void. 

Approved,  August  9,  1888. 


LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES. 


31 


March  2, 1889. 


Deficiency  bill,  1889. 


Stats.  25,  p.  913. 

Payment  of     *    *    *    Payment  of  Judgments.     *    *    *    The  Capi- 
judgment.         ^^^  j^^^^^  q  ^^^^^^  ^^^  ^^^^^^  Washington  Railway  Com- 
pany versus  John  F.  Cook,  collector,  and  so  forth,  for  one 
cent  damages,  together  with  $299.73  costs. 
Approved,  March  2,  1889. 


1893.''''"*'"^  ^^'  AN.  ACT  To  change  the  name  of  the  Capitol,  North  O  Street  and  South 

— Washington  Railway  Company. 

Stats.  27,  p.  462.  ^  ^  F-^j- 

Bezt  enacted  hy  the  Senate  and  House  of  Representatives 
o  sti^et^a?d^/^^^  United  States  of  America  in  Congress  assembled.  That 

toTR'f^Nime  w  T^^  ^^  ^^^  ^^^^  Capitol,  North  O  Street  and  South 
changed  to  Belt  vV  ashington  Railwav  Company  be,  and  the  same  is  herebv 
R^iway  com-ehangecf  to  -The  Belt  Railway  Company:"  Provided,  That 
said  change  shall  not  affect  pending  suits  against  said  com- 
pany nor  the  enforcement  of  existing  contracts  with  said 
company. 

Approved,  February  18,  1893. 


June  10. 1896.  AN  ACT  To  extend  the  routes  of  the  Eckington  and  Soldiers'  Home 
Railway  Company  and  of  the  Belt  Railway  Company,  of  the  Dis- 
trict of  Colmnbia,  and  for  other  purposies. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 

soM^re^  Horn?  ^^}^  United  States  of  America  in  Congress  assemUed,  That 

and  BeitR'ycom- within  three  months  from  the  passage  of  this  Act  the 

amended.^^"  Eckington  and  Soldiers'  Home  Railway  Company  and  the 

Belt  Railway  Company,  both  of  the  District  of  Columbia, 

JtKfmLtoiS^  ^^^P^^*^^®^^'  ®^^^^  ^^^i'^  t^  ^<iuip  those  portions  of  their 
■  respective  hues  which  are  situated  within  the  boundaries 
of  the  city  of  Washington  with  compressed-air  motors. 
If  after  a  trial  of  three  months  the  said  compressed-air 
motors  shall,  in  the  judgment  of  the  Commissioners  of  the 
District  of  Columbia,  prove  to  be  in  all  respects  a  proper 


and  satisfactory  motive  power  for  the  speedy  and  con- 
venient propulsion  of  street  cars,  then  the  said  Commis- 
sioners are  hereby  authorized  and  directed  to  issue  to  the 
said  railway  companies,  respectively,  permits  to  equip 
their  lines  within   the  District  of  Columbia  with   such 
compressed-air  motors;  and  within  six  months  from  the    To  cease  use  of 
passage  of  this  Act  the  said  railway  companies  shall  cease  il? S^oShs^*"' 
to  use  horsepower  on  any  and  all  of  their  respective  lines. 
In  the  event  that  the  said  compressed-air  motors  shall  not  Electric  under- 
be  approved  as  herein  provided  for,  then  within  eighteen  KbltnS  ^ 
months  from  the  passage  of  this  Act  the  said  companies,  SnSactSS''^ 
respectively,  shall  construct  and  put  into  full  operation  on 
all  their  lines  in  the  city  of  Washington  the  underground 
electric  system.     No  extension  of  any  of  the  lines  in  this 
Act  provided  for  shall  be  operated  by  horsepower:  And   ^?^u^^^^^ 
provided  further.  That  within  thirty  days  from  the  passage  exten^onT*^**" 
of  this  Act  cars  shall  be  regularly  run  over  the  existing 
tracks,  beginning  at  the  intersection  of  G  street  and  New 
Jersey  avenue,  thence  across  New  Jersey  avenue  to  and 
along  G  street  to  North  Capitol  street,  thence  north  on 
North  Capitol  street  to  T  street,  according  to  a  schedule 
satisfactory  to  the  Commissioners  of  the  District  of  Colum- 
bia.    Neglect  or  failure  to  comply  with  the  provisions  of 
this  section  shall  subject  the  corporation  so  neglecting  or 
failing  to  a  penalty  of  fifty  dollars  for  each  and  every  day 
during  which  such  failure  or  neglect  continues,  said  penalty 
to  be  recovered  by  the  Commissioners  of  the  District  of 
Columbia  in  any  court  of  competent  jurisdiction. 

Sec.  2.  That  the  Eckington  and  Soldiers'  Home  Railwav  «  f5.ki°F**W*"<' 
Company  of  the  District  of  Columbia  be,  and  the  same  here-  Ranwly.  ^"""^^ 
by  IS,  authorized  to  lay  down  and  operate  a  street  railway  in 
the  city  of  Washington,  District  of  Columbia,  through  and 
along  the  following-named  streets  and  avenues,  to  wit: 

Beginning  at  the  junction  of  Eighth  and   D  streets    Extension  on 
northeast;  thence  by  double  track  south  along  Eighth  street  ft?^'^  ''''^ '' 
to  0  street  south;  thence  by  single  track  as  follows:  west 
on  C  street  south  to  Seventh  street  east;  thence  south 
on  beventh  street  east  to  M  street  south;  thence  east  on   ' 
M  street  south  to  Georgia  avenue;  thence  northeast  on 
Georgia  avenue  to  Ninth  street  east;  thence  north  on  Ninth 
street  east  to  C  street  south;  thence  west  on  C  street  south 
to  Eighth  street  east. 

Sec.  3.  That  said  Eckington  and  Soldiers'  Home  Rail-  /"."l,**^  ""^ 
way  Company  is  authorized  to  increase  its  capital  stock  or 
to  issue  bonds  for  such  amount  as  mav  be  necessary  to  pay 
the  actual  cost  of  constructing  and  equipping  the  extensions 
hereinbefore  authorized:  Provided,  That  the  question  as  to 
the  amount  to  be  provided  for  in  connection  with  such  exten- 
sion and  the  method  of  providing  for  the  same,  whether  by 
issuance  of  stock  or  bonds,  shall  be  decided  by  a  majority  in 
value  of  the  stockholders  at  a  meeting  to  be  called  for  the  pur- 
pose after  reasonable  notice;  and  authority  is  hereby  con- 
terred  upon  said  company,  in  case  of  issuance  of  bonds,  to 
make  due  conveyance  of  its  corporate  franchises  and  prop- 


LAWS   RELATING    TO   STREET-RAILWAY    FRANCHISES. 


38 


32 


Issue  limited 
to  cost  of  con- 
struction and 
equipment. 


Extension  of 
Belt  Railway  to 
Le  Droit  Park. 


1  n 
street. 


Completion. 


Belt  Railway 
Co.  may  increase 
stock  or  issue 
bonds. 


LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES. 

erty  for  the  purpose  of  securing  the  same:  Provided^  how- 
ever^ That  any  such  conveyance  by  way  of  mortgage  shall 
be  subject  to  the  prior  lien  already  created  by  deed  of  trust 
dated  June  first,  eighteen  hundred  and  ninety-one,  and 
recorded  in  liber  fifteen  hundred  and  eighty,  folio  three 
hundred  and  twenty-seven  and  following,  of  the  land 
records  of  the  District  of  Columbia,  which  conveys  all  the 
real  estate  and  franchises  of  said  railroad,  as  well  as  the 
line  of  said  railroad  now  existing  and  such  additions  thereto 
at  any  time  made,  located,  extended,  or  constructed:  And 
jyi^mided.  That  said  Eckington  and  Soldiers'  Home  Railway 
Company  shall  not  have  its  stock  and  bonds  outstanding 
at  any  one  time  to  a  greater  amount  than  the  actual  cost 
of  the  construction  and  equipment  of  said  railway;  which 
actual  cost  shall  be  ascertained  by  the  supreme  court  of 
the  District  of  Columbia  in  such  manner  as  the  said  court 
shall  prescribe. 

Sec.  4:.  That  the  Belt  Railroad  Company  of  the  District 
of  Columbia  be,  and  the  same  hereby  is,  authorized  to  lay 
down  and  operate  a  double-track  railway,  with  the  neces- 
sary switches  and  turn-outs,  in  the  city  of  Washington, 
District  of  Columbia,  through  and  along  the  following- 
named  streets  and  avenues,  to  wit: 

Beginning  at  Fourth  and  O  streets  northwest;  thence 
north  on  Fourth  street  west  to  Florida  avenue;  thence 
north  crossing  Florida  avenue  to  Harewood  street;  thence 
along  Harewood  street  to  Elm  street;  thence  west  along 
Elm  street  to  Linden  street;  thence  north  on  Linden  street 
to  Pomeroy  street;  thence  west  on  Pomeroy  street  to  the 
east  building  line  of  Seventh  street  west  extended. 

Also  beginning  at  the  present  terminus  of  the  Belt  Rail- 
way on  Water  street,  near  N  street  south;  thence  south 
along  Water  street  to  P  street  south  by  an  extension  of 
the  present  tracks  of  the  Belt  Railway;  thence  by  fur- 
ther extension  of  said  tracks  east  along  P  street  south  to 
Delaware  avenue:  Provided.,  That  if  there  is  not  sufficient 
room  for  two  tracks  on  Water  street  without  encroaching 
on  tracks  already  there,  that  the  said  Belt  Line  Railway 
Company  shall  purchase,  at  its  own  cost,  sufficient  ground 
to  open  Water  street  from  the  terminus  of  its  line  as  now 
located  along  said  projected  route  to  P  street. 

Sec.  5.  That  the  construction  of  the  extensions  hereby 
authorized  shall  be  completed  within  one  year  after  the 
approval  of  this  Act:  Provided^  That  in  case  any  one  or 
more  of  the  said  extensions  shall  not  be  completed  and 
operated  regularly  within  the  time  specified,  then  so  much 
of  this  Act  as  authorizes  such  uncompleted  extensions  shall 
be  void  and  of  no  eflect. 

Sec.  6.  That  said  Belt  Railway  Company  is  authorized  to 
increase  its  capital  stock  or  to  issue  bonds  for  such  amounts 
as  may  be  necessary  tg  pay  the  actual  cost  of  constructing 
and  equipping  the  several  extensions  hereinbefore  author- 
ized :  Provided.,  That  the  question  as  to  the  amount  to  be  pro- 


Water 


vided  for  in  connection  with  each  extension  and  the  method 
of  providing  for  the  vsame,  whether  by  issuance  of  stocks  or 
bonds,  shall  be  decided  by  a  majority  in  value  of  the  stock- 
holders at  a  meeting  to  be  called  for  the  purpose  after 
reasonable  notice;  and  authority  is  hereby  conferred  upon 
said  company,  in  case  of  issuance  of  bonds,  to  make  due 
conveyance  of  its  corporate  franchises  and  property  for  the 
purpose  of  securing  the  same:  Provided.,  however^  That  any 
such  conveyance  by  way  of  mortgage  shall  be  subject  to 
the  prior  lien  already  created  by  deed  of  trust  dated  July 
thirty -first,  eighteen  hundred  and  ninety-one,  and  recorded 
in  liber  sixteen  hundred  and  six,  folios  one  hundred  and 
ninety-seven  and  following,  of  the  land  records  of  the  Dis- 
trict of  Columbia,  which  conveys  all  the  real  estate  and 
franchises  of  said  railroad  as  well  as  the  line  of  said  rail- 
road now  existing  and  such  additions  thereto  at  any  time 
made,  located,  extended,  or  constructed:  And  provided^ 
That  said  Belt  Railway  Company  shall  not  have  its  stock 
and  bonds  outstanding  at  any  one  time  to  a  greater  amount  issue  limited 
than  the  actual  cost  of  the  construction  and  equipment  of  Xictton^^  a^n^d 
said  railway,  which  actual  cost  shall  be  ascertained  by  the  equipment, 
supreme  court  of  the  District  of  Columbia  in  such  manner 
as  the  said  court  shall  prescribe. 

Sec.  7.  That  such  extensions  of  said  railroads  and  each    constraetion. 
of  them  shall  be  constructed  on  such  grade  and  in  such 
manner  as  shall  be  approved  by  the  Commissioners  of  the 
District  of  Columbia. 

Sec.  8.  That  it  shall  be  lawful  for  said  railway  compa- 
nies and  each  of  them,  their  and  each  of  their  successors 
or  assigns,  to  make  all  needful  and  convenient  trenches  and 
excavations  in  any  of  said  streets  or  places  where  said 
companies,  or  either  of  them,  may  have  the  right  to  con- 
struct and  operate  its  road,  and  place  in  such  trenches  and 
excavations  all  needful  and  convenient  devices  for  machin- 
ery for  operating  said  railroad  in  the  manner  and  by  the 
means  aforesaid.  But  whenever  such  trenches  or  excava- 
tions shall  interfere  with  an}^  sewer,  gas,  or  water  pipes, 
or  any  subways  or  conduits,  or  any  public  work  of  the  kind 
which  has  been  ordered  by  the  Commissioners,  then  the 
expense  necessary  to  change  such  underground  construc- 
tion shall  be  borne  by  the  said  railway  company  making 
such  trench  or  excavation. 

Sec.  9.  That  each  of  the  said  corporations  shall  at  all  ^^'^• 
times  keep  the  space  between  their  tracks  and  rails  and 
two  feet  exterior  thereto  in  such  condition  as  the  Commis- 
sioners of  the  District  of  Columbia  or  their  successors  may 
direct;  and  whenever  any  street  occupied  by  either  of  said 
railways  is  paved  and  repaired  or  otherwise  improved,  the 
said  corporation  shall  bear  all  expense  of  improving  the 
spaces  above  described.  Should  either  of  the  said  corpora- 
tions fail  to  comply  with  the  orders  of  the  Commissioners 
the  work  shall  be  done  by  the  proper  officials  of  the  Dis- 
trict of  Columbia,  and  the  amounts  due  from  such  corpora- 

16400—05 3 


Excavations. 


^ 


Annual  report 


See  opinion  of 
atty.  D.  C.  Febru- 
ary 8, 1898,  opin- 
ion books,  vol.  8, 
p.  448,  which  re- 
quires Bait,  and 
Wash.  Co.  to  re- 
port through 
Com.  D.  C. 


ii 


P 


34  LAWS   EELATING   TO   STREET-RAILWAY   FRANCHISES. 

tion  shall  be  collected  as  provided  by  section  five  of  the 
Act  entitled  "An  Act  providing  for  a  permanent  form  of 
government  for  the  District  of  Columbia,"  approved  June 
eleventh,  eighteen  hundred  and  seventy-eight. 

Sec.  10.  That  every  street-railroad  corporation  in  the 
District  of  Columbia,  and  every  such  coi-poration  which 
shall  hereafter  be  organized,  shall,  on  or  before  the  first 
day  of  February  in  each  year,  make  a  report  to  each  the 
benate  and  the  House  of  Representatives,  which  report 
shall  be  sworn  to  and  signed  by  the  president  and  treasurer 
of  such  corporation,  and  shall  cover  the  period  of  one  year 
ending  the  thirty-first  day  of  December  previous  to  the 
date  of  making  the  report.     Such  report  shall  state  the^ 
amount  of  capital  stock,  with  a  list  of  the  stockholders  and 
the  amount  of  stock  held  by  each;  the  amount  of  capital 
stock  paid  in;  the  total  amount  now  of  funded  debt;  the 
amount  of  floating  debt;  the  average  rate  per  annum  of 
interest  on  funded  debt;  amount  of  dividends  declared; 
cost  of  roadbed  and  superstructure,  including  iron;  cost  of 
land,  buildings,  and  fixtures,  including  land  damages;  cost 
of  cars,  horses,  harness,  and  motors  and  other  machinery; 
total  cost  of  road  and  equipment;  length  of  road  in  miles; 
length  of  double  track,  including  sidings;  weight  of  rail, 
by  yard;  the  number  of  cars  and  of  horses;  the  number  of 
motors;  the  total  number  of  passengers  carried  in  cars; 
the  average  time  consumed  by  passenger  cars  in  passing 
over  the  road;  repairs  of  roadbed  and  railway,  including 
iron,  and  repairs  of  buildings  and  fixtures;  total  cost  of 
maintaining  road  and  real  estate;  cost  of  general  superin- 
tendence; salaries  of  ofi5cers,  clerks,  agents,  and  oflSce  ex- 
penses;  wages  paid  conductors,  drivers,  engineers,  and 
motor  men;  water  and  other  taxes;  damages  to  persons 
and  property,  including  medical  attendance;  rents,  includ- 
ing use  of  other  roads;  total  expense  of  operating  road, 
and  repairs;  receipts  from  passengers;  receipts  from  all 
other  sources,  specifying  what,  in  detail ;  total  receipts  from 
all  sources  during  the  year;  payments  for  maintenance  and 
repairs;  payments  for  interest;  payments  for  dividends  on 
stock,  amount  and  rate  per  centum;  total  payments  during 
the  year;  the  number  of  persons  injured  in  life  and  limb; 
the  cause  of  the  injury,  and  whether  passengers,  emplovees,' 
or  other  persons.  ^      ^    ^      , 

Sec.  11.  That  each  of  said  companies  shall  receive  a  rate 
of  fare  not  exceeding  five  cents  per  passenger,  and  the  said 
companies,  and  each  of  them,  shall  make  arrangements 
with  all  existing  railway  companies  in  the  District  of 
Columbia  for  the  interchange  of  tickets  in  payment  of  fare 
on  Its  road:  Provided,  That  within  the  limits  of  the  Dis- 
trict of  Columbia  six  tickets  shall  be  sold  for  twenty-five 
cents. 

Sec.  12.  ThatCongress  reserves  the  rightto  alter,  amend, 
or  repeal  this  Act. 

Approved,  June  10,  1896. 


LAWS   RELATING   TO   STREET-RAILWAF   FRANCHISES. 


35 


Faro. 


Axaendment, 
etc 


JOINT  RESOLUTION  Extending  time  for  compliance  hy  Eckington 
and  Soldiers'  Home  Railway  Company  and  the  Belt  Railway  Com- 
pany with  provisions  of  section  one  of  an  Act  entitled  an  Act  to  ex- 
tend the  routes  of  said  railway  companies,  and  so  forth,  approved    February 
June  tenth,  eighteen  hundred  and  ninety-six.  1897. 


MesoVced  hy  the  Senate  and  House  of  Mepresentati/ves  of 
the  United  States  of  America  in  Congress  assembled.  That    ijme  to  instil 
the  time  granted  by  the  Act  approved:  June  tenth,  eighteen  ^.  "  ^^^^  ' 
hundred  and  ninety -six,  within  which  the  said  Eckington 
and  Soldiers'  Home  Railway  Company,  of  the  District  of 
Columbia,  and  the  Belt  Railway  Company,  of  the  District 
of  Columbia,  shall  begin  to  equip  those  portions  of  their 
respective  lines  which  are  situated  within  the  boundary  of 
the  city  of  Washington  with  compressed-air  motors,  be, 
and  it  is  hereby,  extended  to  July  first,  eighteen  hundred 
and  ninety-seven: 

Sec.  2.    That  if  said  compressed-air  motors  shall  be    compressed- 
adopted,  said  companies  shall  completely  equip  their  re-    '°^®'**'- 
spective  lines  with  such  motive  power  on  or  before  July 
first,  eighteen  hundred  and  ninety-eight. 

Sec.  3.  That  if  said  compressed-air  motive  power  shall 
not  be  adopted  on  or  before  July  first,  eighteen  hundred 
and  ninety-seven,  then  said  railway  companies  shall,  within    shaii    equip 
one  year  from  July  first,  eighteen  hundred  and  ninety-  ^^^^  ^e^wSic 
seven,  equip  the  respective  lines  in  the  city  of  Washington  system. 
with  an  underground  electric  system:  Provided,  That  in 
case  the  said  companies  shall  fail  to  comply  with  all  of  the 
requirements  of  this  Act  by  the  time  therein  fixed  the  said 
companies  and  each  of  them  shall  forfeit  and  pay  to  the    Penalty  for 
Commissioners  of  the  District  of  Columbia  the  sum  of  one     ^^^ 
hundred  dollars  for  each  day  of  such  failure:  And  provided 
further,  That  if  said  companies  shall  fail  to  operate  the 
whole  of  their  respective  lines  as  provided  by  An  Act 
entitled  An  Act  to  extend  the  routes  of  said  railway  com-    Penalty  for 
panics,  and  so  forth,  approved  June  tenth,  eighteen  hun- SJ^TiL^^'^hJ^ 
dred  and  ninety-six,  in  such  manner  and  on  such  schedules  ^^• 
as  the  Commissioners  shall  approve,  then  said  companies 
and  each  of  them  shall  forfeit  and  pay  to  the  District 
Commissioners  the  sum  of  one  hundred  dollars  for  each 
day  of  such  failure. 

Sec.  4.  All  acts  or  parts  of  acts,  inconsistent  with  this 
Act  are  hereby  repealed. 

Approved,  February  3,  1897. 


t 


AN  ACT  To  define  the  rights  of  purchasers  of  the  Belt  Eailway,  and    June  24.1896. 

for  other  purposes. 

Be  it  ermcted  hy  the  Senate  and  Hmise  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That    '*;?y  s*^*  '*»^- 
any  corporation  operating  a  street  railroad  within  the  SJy  pu^'^';''' 
District  of  Columbia  be,  and  it  is  hereby,  authorized  to 
purchase  the  property  and  franchises  of  the  Belt  Railway 
Company  under  any  sale  thereof  by  decree  of  court  or 


36 


LAWS   BELATING    TO   STREET-RAILWAY   FRANCHISES. 


f 


Purchasing  otherwise;  and  such  corporation  so  purchasing  may  operate 
opSSteiine^asathe  property  and  franchises  so  purchased  as  a  part  of  its 
partofitssystem.  system,  subject  to  all  rights  and  obligations  imposed  by 
existing  legislation  or  by  this  Act,  so  far  as  the  same  shall 
be  applicable;  and  in  case  the  property  and  franchises  of 
said  Belt  railway  be  purchased  by  any  person  or  persons 
at  any  sale  thereof  under  decree  of  court  or  otherwise,  such 
person  or  persons,  or  his  or  their  associates  and  assigns, 
io'^nchSes^of  ^^^^^  posscss  and  cnjoy  all  the  corporate  rights,  privileges, 
s/it  Railway  and  franchises  heretofore  conferred  on  the  said  Belt  ]^il- 
company.         ^^^  Company  by  the  Act  of  Congress  approved  March 
third,  eighteen  hundred  and  seventy-five,  and  the  Acts 
amendatory  thereof  and  supplemental  thereto,  as  well  as 
the  right  to  be  a  corporation  under  this  Act;  and  the  in- 
corporation as  hereby  provided  shall  be  completed  and 
become  effective  whenever  the  said  purchaser  or  purchasers 
and  his  or  their  associates  or  assigns  shall  file  for  record 

fective^oQ^flifaig  ^^^^  ^^®  recorder  of  deeds  for  the  District  of  Columbia  a 
certificate  with  certificate  of  incorporation  hereunder,  duly  acknowledged, 
de^s.'***'  **  ^  specif ying  the  name  of  such  new  corporation,  its  officers, 
and  the  names  of  its  directors  for  the  first  year,  and  the 
Capital  stock,  amount  of  its  proposed  capital  stock  and  bonds.    The  capi- 
tal stock  of  the  corporation  herein  authorized  shall  be 
divided  into  shares,  each  of  the  par  value  of  one  hundred 
dollars;  and  any  corporation  so  purchasing  or  so  created 
and  organized  nereunder  is  authorized  to  issue  its  bonds 
and  capital  stock  either  for  cash  or  in  exchange  for  the 
Bonds.  stock,  bonds,  property,  or  franchises  of  the  said  Belt  Rail- 

way Company:  Provided^  That  stock  and  bonds  may  be 
issued  to  such  an  amount  and  upon  such  terms  as  may 
be  agreed  upon  by  a  majority  vote  of  the  stockholders 
of  such  company:  And  provided  further^  That  the  issue  of 
Limit  of  issue,  such  stock  and  bonds  shall  not  in  the  aggregate  exceed  the 
amount  necessary  for  effecting  any  such  purchase,  lease 
or  acquisition  and  for  the  construction,  reconstruction  and 
equipment  of  said  Belt  Railway,  and  shall  in  no  case  exceed 
the  sum  of  one  hundred  and  fifty  thousand  dollars  per  mile 
^^tification  of  Qf  single  track.     And  within  one  year  from  the  ratification 
by  the  court  of  such  sale  the  existing  railroad  company 
purchasing  the  said  Belt  Railway,  or  the  corporation 
created  and  operating  hereunder,  shall,  under  the  super- 
vision of  the  Commissioners  of  the  District  of  Columbia, 
construct  and  put  into  full  operation  on  the  entire  line  of 
^^ergroundsaid  railway  as  now  constructed  an  underground  electric 
ec   c  system,  gyg^jj^  similar  to  the  one  now  in  use  by  the  Metropolitan 
Railroad  Company,  upon  plans  to  be  submitted  to  and 
approved  by  the  said  Commissioners.    And  the  said  Com- 
commissioners  niissioners  are  hereby  authorized  to  require  such  slight 
slight  changi  in  changes  of  tracks  along  the  streets  upon  which  the  said 
Belt  Railway  is  now  constructed  as  may  be  necessary  for 
the  public  convenience,  and  all  expenses  incident  thereto 
to  be  borne  by  said  railway  company.     And  the  right  is 
hereby  expressly  reserved  to  Congress  to  require  at  any 
time  the  owner  or  owners  of  said  railroad  to  widen  any  of 


tracks. 


To    widen 
streets. 


Penalty. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


the  streets  along  or  over  which  said  railroad  line  is  now 
constructed,  or  to  change  the  route  thereof,  and  the  entire 
expense  of  such  widening  of  such  street  and  all  expenses 
incident  or  to  a  change  of  route  thereto  shall  be  borne  by 
the  owner  or  owners  of  said  railroad. 

Sec.  2.  That  the  purchaser  or  purchasers  of  the  said  Belt 
Railway  shall,  immediately  after  said  purchase  shall  have 
been  ratified  as  herein  provided  for,  and  before  any  permit 
shall  be  issued  to  begin  such  work,  pay  all  taxes  and  spe- 
cial assessments  due  and  unpaid  to  the  District  of  Colum- 
bia, and  all  indebtedness  due  the  employees  for  labor,  or 
due  others  for  coal,  feed,  horseshoes  and  other  supplies, 
contracted  for  by  the  receiver  of  the  said  Belt  Railway 
Company,  duly  appointed  by  the  court,  and  used  on  behalf 
and  for  the  benefit  of  said  company  during  such  receiver- 
ship, and  to  be  approved  by  the  court  appointing  said  re- 
ceiver, and  shall  begin  the  construction  of  the  underground 
electric  system  herein  provided  for;  and  if  said  system 
shall  not  have  been  completed  at  the  expiration  of  one  year 
from  the  ratification  of  the  purchase  of  said  railway  as  au- 
thorized by  this  Act  the  purchaser  or  purchasers  thereof 
shall  pay  to  the  District  of  Columbia,  in  addition  to  all 
other  taxes  now  required  to  be  paid  by  the  said  Belt  Rail- 
way Company,  or  by  the  purchaser  or  purchasers  thereof, 
the  sum  of  fifty  dollars  for  each  and  every  day  thereafter 
until  said  road  shall  be  completed. 

Sec.  3.  That  the  Commissioners  of  the  District  of  Colum- 
bia are  hereby  authorized  and  required  to  station  special 
policemen  at  such  street  railway  crossings  and  intersections 
m  the  city  of  Washington  as  the  said  Commissioners  may 
deem  necessary,  the  expense  of  such  service  to  be  paid  pro 
rata  by  the  respective  companies ;  every  car  shall  be  Drought 
to  a  full  stop,  immediately  before  making  such  crossing  or 
intersection.  Neglect  or  failure  to  pay  for  the  service 
monthly,  or  to  stop  any  car,  as  herein  provided  for  shall 
subject  the  company  to  a  fine  of  not  to  exceed  twenty -five 
dollars  for  every  such  neglect  or  failure,  to  be  recovered 
in  any  court  of  competent  jurisdiction. 

Sec.  4.  That  the  company  or  corporation  installing  an 
underground  electric  system  under  authority  of  this  Act 
shall  deposit  such  sum  or  sums  as  the  Commissioners  may 
require  to  cover  the  cost  of  District  inspection  and  the  cost 
of  changes  to  public  works  in  the  streets. 

Sec.  5.  That  nothing  herein  shall  be  construed  to  relieve 
the  said  Belt  Railway  Company  from  any  just  liability,  nor 
in  any  naanner  as  affecting  any  valid  subsisting  claim  of 
any  creditor  against  said  corporation. 

Sec.  6.  That  Congress  reserves  the  right  to  alter,  amend, 
or  repeal  this  Act. 

Approved,  June  24,  1898. 


87 


|p 


Expense  to  be 
borne  by  rail- 
road. 


Purchaser 
shall  pay  taxes 
due;  also  indebt- 
edness to  em- 
ployees and 
others. 


Time  of  com- 
pletion of  under- 
ground system. 


Commissioners 
authorized  to 
station  special 
policemen  at 
railwaycrossings 
at  expense  of 
railroad  com- 
panies. 


Penalty. 


Deposits. 


Not  to  relieve 
from  liabilities. 


BRIGHTWOOD  RAILWAY  COMPANY. 


AN  ACT  To  incorporate  the  Brightwood  Railway  CJompany  of  the  October  18. 1888. 

District  of  Columbia.  gtats.  25,  p.  560. 


Beit  enactedhy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
M.  M.  Parker,  A.  A.  Thomas,  C.  M.  Anderson,  C.  B.  Pear- 
son, and  Joseph  Paul,  of  the  District  of  Columbia,  and 
their  associates,  successors,  and  assigns,  be,  and  they  are 
hereby,  created  a  body  corporate  and  politic,  under  the 
name  of  the  Brightwood  Railway  Company  of  the  District 
of  Columbia,  and  may  make  and  use  a  common  seal,  and  bv 
that  name  may  sue  and  be  sued,  plead  and  be  impleaded, 
with  authority  to  construct  and  lay  down  a  single  or  with 
the  approval  of  the  Commissioners  of  the  District  a  double 
track  railway,  with  the  necessary  switches,  turn-outs,  and 
other  mechanical  devices  and  sewer  connections,  necessary  to 
operate  the  same  by  horse,  cable,  or  electric  power,  in  the 
District  of  Columbia,  through  and  alongBrightwood  avenue, 
from  Boundary  street  to  the  boundary-line  of  the  District 
of  Columbia,  with  the  right  to  run  public  carriages  thereon 
propelled  by  horse,  electric,  or  cable  power.  Whenever  the 
foregoing  route  or  routes  may  coincide  with  the  duly  author- 
ized rout  or  routes  of  any  other  duly  incorporated  street- 
railway  company  in  the  District  of  Columbia,  both  com- 
panies shall  use  the  same  tracks,  upon  such  fair  and  equita- 
ble terms  as  may  be  agreed  upon  by  said  companies;  and 
in  the  event  said  companies  fail  to  agree  upon  equitable 
terms,  either  of  said  companies  mav  apply,  by  petition,  to 
the  supreme  court  of  the  District  oi  Columbia,  which  shall 
hear  and  determine  the  matter  in  due  form  of  law,  and 
adjudge  to  the  proper  party  the  amount  of  compensation  to 
be  paid  therefor.  Said  corporation  isauthorized  and  empow- 
ered to  propel  its  cars  on  such  other  lines  as  it  shall  coincide 
with  by  cable-power,  or  such  other  motive  power  as  it  shall 
use  to  propel  its  own  cars  with  on  the  routes  prescribed  in 
this  act,  and  may  repair  and  construct  such  proportions  of 
its  road  as  may  be  upon  the  line  or  route  or  routes  of  any 
other  road  thus  used;  and  in  case  of  any  disagreen^ent 
regarding  such  construction  or  repairs,  with  any  company 
whose  line  is  thus  used,  such  disagreement  may  be  heard 
and  determined  summarily  upon  the  application  of  either 
road  to  any  court  in  said  District  having  common-law  juris- 
diction. Said  company  shall  receive  a  rate  of  fare  not 
exceeding  five  cents  for  each  passenger,  for  each  continuous 

S9 


Brightwood 
Railway  Co.  in- 
corporated 
(amended). 


Motive  power. 

Route  (extend- 
ed). 


Coinciding 
tracks. 


Compensation 
for  use. 


I 


Motive  power 
on  other  tracks. 


Disagreement 
as  to  repairs. 


Fare. 


Taxes. 


I 


40  LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 

ride  between  all  points  of  its  line,  but  shall  sell  six  tickets 
de^rnS^rrl-fo^  twentv-five  cents:  Promded,  li  electi?^  wiL™ 
pealed).  are  used  the  same  shall  be  placed  under  ground- 

Annuaireport.     Sec  2.  That  the  Said  railway  company  shall,  on  or  before 
me  litteenth  of  January  of  each  year,  make  a  report  to 
Congress  of  the  names  of  all  the  stockholders  therein,  and 
the  amount  of  stock  held  by  each,  together  with  a  detailed 
statement  of  the  receipts  and  expenditures,  from  whatever 
source  and  on  whatever  account,  for  the  preceding  year  end- 
ing Decenpber  the  thirty-first,  which  report  shall  be  verified 
by  aflidavit  of  the  president  and  secretary  of  said  company ; 
and  If  said  report  is  not  made  at  the  time  specified,  or 
within  ten  days  thereafter,  it  shall  be  the  duty  o^  the  Com- 
missioners to  cause  to  be  instituted  judicial  proceedings  to 
forfeit  this  charter;  and  said  company  shall  pay  to  the^is- 
trict  of  Columbia,  m  lieu  of  taxes  upon  personal  property, 
including  cars  and  motive  power,  for  each  year;  four  per 
centum  of  its  gross  earnings  upon  its  traffic,  which  amount 
shall  be  payable  to  the  collector  of  taxes  at  the  times  and 
in  the  manner  that  other  taxes  are  now  due  and  payable, 
and  subject  to  the  same  penalties  on  arrears;  and  the  fran- 
chise and  property  of  said  company,  both  real  and  personal, 
to  a  sufficient  amount,  may  be  seized  and  sold  in  satisfac- 
tion thereof,  as  now  provided  by  law  for  the  sale  of  other 
property  for  texes;  and  said  per  centum  of  its  gross  earn- 
ings shall  be  in  heu  of  all  other  assessments  upon  its  per- 
sonal property,  used  solely  and  exclusively  in  the  operation 
and  management  of  said  railway.     Its  real  estate  shall  be 
taxed  as  other  real  estate  in  the  District,  provided  its 
tracks  shall  not  be  taxed  as  real  estate. 

Sec.  3.  That  the  said  railway  shall  be  laid  upon  such  part 
of  the  road  as  may  be  designated  by  the  Commissions^  of 
the  District,  and  must  be  constructed  of  good  materials 
and  m  a  substantial  and  durable  manner,  with  the  rails  of 
the  most  approved  pattern,  all  to  be  approved  by  the  Com- 
missioners of  the  District,  laid  upon  an  even  surface  with 

t.tJr^'^^^i  ?u  *^^,.«*r^^^  and  in  such  a  manner  as  to 
mterfere  with  the  ordinary  travel  as  little  as  practicable: 
roads     ^^"^^      correspond  with  that  of  other  city  rail- 

Sec.  4.  That  the  said  corporation  shall,  at  its  own  expense, 
keep  its  tracks,  and  for  the  space  of  two  feet  beyond  the 
outer  rails  thereof  and  also  the  space  between  the  rails  and 
tracks,  well  graded  or  paved  and  in  good  repair,  so  as  to 
impede  the  general  travel  as  little  as  possible. 

bEC  5.  That  m  the  event  of  a  change  of  grade  at  any 
tim^  ot  any  of  the  streets,  avenues,  or  roads  occupied  by  the 
tracks  of  this  corporation  it  shall  be  the  duty  ot^said  com- 
pany to  change  its  said  railroad  so  as  to  conform  to  such 
grade  as  may  have  been  thus  established  at  its  own  expense. 

feEC.  6.  That  It  shall  be  lawful  for  said  corporation  its 

p3ThTn-^''''F.V^^  ^^^  ^VVToveA  of  the  Commission- 
ers of  the  District  of  Columbia,  to  make  all  needful  and  con- 
venient trenches  and  excavations  and  sewer  connections 


LAWS   RELATING  TO   STREET-RAILWAY   FRANCHISES. 


41 


Construction. 


Paving. 


Repairs. 


Changes 
grade. 


of 


Excavations. 


speoQ* 


Commence- 
ment and  com- 


in  any  of  said  streets  or  places  where  said  corporation  may 
have  the  right  to  construct  and  operate  its  road,  and  place 
in  such  trenches  and  excavations  all  needful  and  convenient 
devices  an4  machinery  for  operating  said  railroad  in  the 
manner  and  by  the  means  atoresaia;  and  said  sewer  con- 
nections shall  have  such  traps  or  other  devices  as  may  be 
required  by  the  Commissioners  of  the  District  of  Columbia; 
it  shall  also  be  lawful  for  said  corporation,  its  successors 
or  assigns,  to  erect  and  maintain,  at  such  convenient  and 
suitable  points  along  its  lines  as  may  seem  most  desirable 
to  the  board  of  directors  of  the  said  coi*poration,  subject 
to  the  approval  of  the  Commissioners  of  the  District,  an 
engine  house  or  houses,  boiler  house  or  houses,  and  all^^^^^*8*^*io«ae^ 
other  buildings  necessary  for  the  successful  operations  of 
an  electric  or  cable-motor  railroad. 

Sec  7.  That  it  shall  not  be  lawful  for  said  corporation, 
its  successors  or  assigns,  to  propel  its  cars  over  said  rail- 
road, or  any  part  thereof,  at  a  rate  of  speed  exceeding  fifteen 
miles  per  hour;  and  for  each  violation  of  this  provision 
said  corporation,  its  successors  or  assigns,  as  the  case  may 
be,  shall  be  subject  to  a  penalty  of  fifty  dollars,  to  be  recov- 
ered in  anj^  court  of  competent  jurisdiction  at  the  suit  of 
the  Commissioners  of  the  District  of  Columbia. 

Sec.  8.  That  the  said  railway  shall  be  commenced  within  ^^ 
three  months  and  completed  to  Brightwood  within  twelve  pieUonT 
months  from  the  passage  of  this  act;  and  the  entire  line  to 
be  completed  in  two  years  from  the  passage  of  this  act. 

Sec.  9.  That  the  capital  stock  of  said  company  shall  not  capital  stock, 
exceed,  if  horse  power  is  to  be  used,  sixty  thousand  dollars. 
If  electric  motor  power  is  to  be  used,  the  capital  stock  shall 
not  exceed  one  hundred  and  two  thousand  dollars.  If  pro- 
pelled by  cable,  the  capital  stock  shall  not  exceed  two  hun- 
dred and  four  thousand  dollars;  that  the  stock  shall  be 
divided  into  shares  of  fifty  dollars  each,  transferable  in  such 
manner  as  the  by-laws  of  said  company  may  direct;  and 
said  company  shall  require  the  subscribers  to  the  capital 
stock  to  pay  in  cash  the  amount  by  them  respectively  sub- 
scribed, at  such  times  (after  the  first  installment)  and  in  such 
amounts  as  the  board  of  directors  may  deem  proper  and 
necessary  in  the  construction  of  said  road;  and  if  any  stock- 
holder shall  refuse  or  neglect  to  pay  any  installment,  as 
required  by  a  resolution  of  the  board  of  directors,  after 
reasonable  notice  of  the  same,  the  said  board  of  directors 
may  sell  at  public  auction,  to  the  highest  bidder,  so  many 
shares  of  his  said  stock  as  shall  pay  said  installment;  and 
the  person  who  offers  to  purchase  the  least  number  of  shares 
for  the  assessment  due  shall  be  taken  as  the  highest  bidder, 
and  the  sale  shall  be  conducted  under  such  general  regula- 
tions as  may  be  made  in  the  by-laws  of  said  company;  but 
no  stock  shall  be  sold  for  les^than  the  total  assessments 
due  and  payable,  or  said  corporation  may  sue  and  collect 
the  same  from  any  delinquent  subscriber,  in  any  court  of 
competent  jurisdiction. 


Payments. 


Failure  to  pay 
assessments. 


4-.-«4 


42  LAWS  EELATING   TO   STBEET-BAILWAY   FJ8AN0HI8E8. 


i^ 


Cars. 
Equipment 


Timetable. 


ShopB,  depots, 
etc 


Lost  articles, 


Ok^snizatioii. 


Payment  at 
time  of  subecTib- 
ing. 


Payments  to  be 
in  money. 


FixBt  meeting 
of  stockholders. 


Sec.  10.  That  the  company  shall  place  cars  of  the  best 
construction  on  said  railway,  with  all  modern  improvements 
necessary  to  the  convenience  and  comtort  of  passengers,  and 
shall  run  cars  thereon  as  often  as  the  public  convenience  may 
require,  m  accordance  with  a  table  or  schedule  fixed  bv  the 
company  a  copy  of  which  shall  be  filed  with  the  Coimnis- 
sioners  of  the  District  of  Columbia  and  approved  by  them 

bEC.  11.  That  the  company  shall  buy,  lease,  or  construct 
such  passenger-rooms,  ticket-offices,  workshops,  depots, 
lands,  and  buildmgs  as  may  be  necessary  at  such  noints  on 
DistrTt^  ^ay  ^  approved  by  the  Commissioners  of  the 

Sec.  12.  That  all  articles  of  value  that  may  be  inadvert- 
ently left  m  any  of  the  cars  or  other  vehicles  of  the  said 
com^ny  shall  be  taken  to  its  principal  depot  and  entered 
m  a  book  of  record  of  unclaimed  goods,  which  book  shall 
be  open  to  the  inspection  of  the  public,  and  if  said  property 
remains  unclaimed  for  one  year  the  company  may  sell  the 
same  after  five  days'  notice.  t'    j       ^  »«ii  me 

Sec.  13.  That  within  thirty  days  after  the  passage  of  this 
act  the  corporators  named  in  the  first  section,  or  a  majority 
of  them,  or  if  any  refuse  or  neglect  to  act,  then  a  ma prity 
of  the  remainder,  shall  cause  books  of  subscription  to  the 
capital  stock  of  said  company  to  be  opened  and  kept  open 
m  some  convenient  and  accessible  place  in  the  District  of 
Columbia,  from  nine  o'clock  in  the  forenoon  till  five  o'clock 
m  the  afternoon,  for  a  period  to  be  fixed  by  said  corporators, 
not  less  than  five  days  (unless  the  whole  stock  shall  be 
sooner  subscribed  for);  and  said  corporators  shall  give  pub- 
lic notice  by  advertisement  in  at  least  two  daily  papers 
published  m  the  city  of  Washington,  of  the  time  when  and 
the  place  where  said  books  shall  be  opened;  and  subscrib- 

!h!n  ^.''^k'm'!  ^^""^F  ^J^.%  ^^P^^^  «t^^l^  «f  ^^^  company 
shall  be  he  d  to  be  stockholders:  Provided,  That  every  sub- 
scriber shall  pay ,  at  the  time  of  subscribing,  ten  per  centum 
of  the  amount  by  him  subscribed,  to  the  treasurer  appointed 
by  the  cori)orators,  or  his  subscription  shall  be  null  and 
void:  Fromded further.  That  nothing  shall  be  received  in 
payment  of  the  ten  per  centum,  at  the  time  of  subscribing 
^cept  lawful  money  or  certified  checks  from  any  nationii 
l^nk.     And  when  the  books  of  subscription  to  the  capital 
ni'J^.H''-    ^.t^^i^^^^P^^y  shall  be  closeS,  the  corporators 
named  in  the  first  section,  or  a  majority  of  them,  and  in 
case  any  of  them  refuse  or  neglect  to  act,  then  a  majority 
ih^lt  f  "^^'^.^^^  «^^  i'  ^ithm  twenty  days  thereafter,  call 
the  first  meeting  of  the  stockholders  of  said  compan^,  to 
meet  within  ten  days  thereafter,  for  the  choice  of  directors 
of  which  public  notice  shall  be  given  for  five  days  in  two 
newspapers  published  daily  in  the  city  of  Washington,  and 
by  written  personal  notice  tp  each  stockholder  by  the  clerk 
of  the  corporation;  and  in  all  meetings  of  the  stockholders 
each  share  shall  entitle  the  holder  to  one  vote,  tX  iven 
m  person  or  by  proxy.  '  ^ 


LAWS   relating   TO   STREET-RAILWAY   FRANCHISES. 


43 


Sec.  14.  That  the  government  and  direction  of  the  affairs  the^^°^®°**^' 
of  the  company  shall  be  vested  in  a  board  of  nine  direct- 
ors, who  shall  be  stockholders  of  record,  and  who  shall 
hold  their  office  for  one  year,  and  until  their  successors 
are  duly  elected  and  aualified;  and  the  said  directors,  a 
majority  of  whom  shall  be  a  quorum,  shall  elect  one  of 
their  number  president  of  the  board,  who  shall  also  be  presi- 
dent of  the  company;  and  they  shall  also  choose  a  vice- 
president,  a  secretary,  and  a  treasurer,  the  latter  of  whom 
shall  give  bonds  with  good  and  sufficient  surety  to  said 
company  in  such  sum  as  the  said  directors  may  require,  for 
the  faithful  discharge  of  his  trust.  In  case  of  a  vacancy 
in  the  board  of  directors  by  death,  resignation,  or  otherwise 
the  vacancy  so  occasioned  shall  be  filled  by  the  remaining 
directors. 

Sec.  15.  That  the  directors  shall  have  the  power  to  make  By-iawi. 
such  by-laws,  rules,  and  regulations  as  they  shall  deem 
needful  and  proper  touching  the  disposition  and  manage- 
ment of  the  stock,  property,  estate,  and  effects  of  the  com- 
pany and  the  management  of  its  business,  not  contrary  to 
this  charter  or  to  the  laws  of  the  United  States  and  the 
ordinance  of  the  District  of  Columbia. 

Sec.  16.  That  there  shall  be  an  annual  meeting  of  the    Annual  meet- 
stockholders  to  choose  directors,  to  be  holden  at  such  time  ^* 
and  place,  under  such  conditions,  and  upon  such  notice  as 
the  said  company  in  their  by-laws  may  prescribe;  and  said 
directors  shall  annually  make  a  report  in  writing  of  their 
doings  to  the  stockholders. 

Sec.  17.  That  said  company  shall  have  at  all  times  the  J[^  ^^  ^ 
free  and  uninterrupted  use  of  its  road-way;  and  if  any  per-  '^*^' 
son  or  persons  shall  willfully,  mischievously,  and  unneces- 
sarily obstruct  or  impede  the  passage  of  the  cars  of  said 
railway  with  a  vehicle  or  vehicles,  or  otherwise,  or  in  any 
manner  molest  or  interfere  with  passengers  or  operatives 
while  in  transit,  or  destroy  or  injure  the  cars  of  said  rail- 
way or  depots,  or  other  property  belonging  to  said  rail- 
way, the  person  or  persons  so  offending  shall  forfeit  and 
pay  for  each  such  offense  not  less  than  twenty-five  nor  more 
than  one  hundred  dollars,  to  be  recovered  as  other  fines 
and  penalties  in  said  District,  and  shall  also  be  liable  to 
said  company,  in  addition  to  said  penalty,  for  any  loss  or 
damage  occasioned  by  his  or  her  or  their  act  as  aforesaid; 
but  no  suit  shall  be  brought  unless  commenced  within  sixty 
days  after  such  offense  shall  have  been  committed. 

Sec.  18.  That  said  company  shall  have  the  right  of  way 
across  such  other  railways  as  are  now  in  operation  within 
the  limits  pf  the  lines  granted  by  this  act,  and  is  hereby 
authorized  to  construct  its  said  road  across  such  other  rail- 
ways: Provided,  That  it  shall  not  unnecessarily  interrupt 
the  travel  of  such  other  railways  in  such  construction. 

oEc.  19.  That  Congress  reserves  the  right  to  alter,  amend, 
or  repeal  this  act.  6  5, 

Approved,  October  18,  1888. 


Crossings. 


Amendment 


44 


LAWS   BELATING   TO   8TEEET-RAILWAY   FRANCHISES. 


July  26, 1892.    AN  ACT  To  amend  an  act  entitled  "An  act  to  incorporate  the  Bright- 


Stats.  27,  p.  270. 


wood  Railway  Company  of  the  District  of  Colmnbia." 


Brightwood 
Railway  Co., 
charter  amend- 
ed. 


Overhead 
wires. 


Gm. 


Extension  of 
racks  to  Dis- 
rict  line. 


To  Takoma 
Park. 


Cara. 

Schedule. 


Commence- 
ment and  com- 
pletion. 

Condemnation 
of  land  required. 


Be  it  endctedhy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled^  That 
tne  charter  granted  to  the  Brightwooa  Railway  Company 
hj  an  act  of  Congress  approved  October  eighteenth, 
eighteen  hundred  and  eighty-eight,  be,  and  the  same  is, 
amended  as  follows: 

"  That  within  six  months  from  the  date  of  the  approval  of 
this  act,  the  said  Brightwood  Railway  Company  shall  equip 
and  operate  its  existing  line  with  the  overhead  trolley  sys- 
tem of  electric  motive  power,  and  shall  thereafter  maintain 
the  road  in  first-class  condition.  That  the  road  shall  be 
supplied  entirely  with  new  cars  of  the  most  approved  pat- 
tern, which  shall  be  run  as  the  public  convenience  shall 
require,  but  not  less  frequently  than  one  car  every  fifteen 
minutes  from  each  end  of  the  line,  between  five  o'clock 
ante  meridian  and  twelve  o'clock  midnight. 

"Sec.  2.  That  within  twelve  months  from  the  date  of  the 
approval  of  this  act  the  said  Brightwood  Railway  Company 
shall  extend  its  tracks  to  the  District  line,  as  provided  in 
the  original  charter  of  said  company,  and  shall  operate  the 
new  portion  of  the  line  in  the  same  manner  and  under  the 
same  conditions  as  hereinbefore  provided  for  the  operation 
of  those  portions  of  the  road  already  built.  The  said  com- 
pany shall  also  constructand  maintain  a  branch  line,  begin- 
ning at  a  point,  to  be  located  by  the  Commissioners  of  the 
District  of  Columbia,  west  of  the  Baltimore  and  Ohio  Rail- 
road track  on  Fifth  street  in  Takoma  Park;  thence  along 
Fifth  street  to  Umatilla  street;  thence  west  along  Umatilla 
street  to  and  across  Piney  Branch  road,  and  thence  to 
Brightwood  avenue  by  such  route  as  the  Commissioners  of 
the  District  of  Columbia  shall  approve.  Said  branch  line 
shall  be  operated  bjr  the  overhead  trolley  system;  and  when 
the  company  lays  its  double  track  from  Brightwood  to  Ta- 
koma Park  said  tracks  shall  be  laid  on  one  side  of  the  said 
road;  the  cars  used  shall  be  first-class  in  every  respect,  and 
the  schedule  of  the  running  of  cars  shall  be  subject  to  the 
approval  of  the  District  Commissioners,  but  cars  shall  be 
run  as  often  as  one  every  fifteen  minutes  between  the  hours 
of  five  o'clock  ante  meridian  and  twelve  o'clock  midnight. 
Work  on  the  said  branch  road  shall  be  be^un  within  two 
months  and  completed,  with  cars  running  tnereon,  within 
one  year  from  the  date  of  the  approval  of  this  act. 

"  Sec.  3.  That  in  the  event  that  the  company  should  not 
be  able  to  come  to  an  agreement  with  the  owner  or  owners 
of  any  land  through  which  the  said  road  may  be  located  to 
pass,  or  upon  which  any  necessary  buildings  may  be  re- 
quired to  be  located,  proceedings  for  the  condemnation  for 
tne  use  of  the  company  of  so  much  of  said  land  as  may  be 
required,  not  exceeding  one  hundred  feet  in  width,  for  its 
roadway,  and  of  so  much  as  may  be  necessary  for  build- 
ings, and  so  forth,  may  be  instituted  in  the  usual  way  in 


LAWS  RELATING  TO   STREET-RAILWAY  FRANCHISES. 


45 


the  supreme  court  of  the  District  of  Columbia,  under  such 
rules  and  regulations  as  said  court  may  prescribe  for  such 
purposes. 

' '  Sec.  4.  That  any  failure  to  comply  with  any  of  the  pro-    Forfeiture 
visions  of  this  act  shall  work  a  forfeiture  of  the  original  °  ^^* 
charter  of  the  said  Brightwood  Railway  Company.    All 
acts  or  parts  of  acts  inconsistent  witbthe  provisions  of  this 
act  are  hereby  repealed. 

"Sec.   5.  That  Congress  reserves  the  right  to  alter, 
amend,  or  repeal  this  act." 

Approved,  July  26,  1892. 


Amendment 
and  repeal. 


Route. 


AN  ACT  To  amend  the  chari:er  of  the  Brightwood  Railway  Company    February  27, 

of  the  District  of  Columbia.  ^^ 

.  -7  7        7       rv  stats.  27,  p.  490. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That    Brigh  t  wood 
the  Brightwood  Railway  Company  of  the  District  of  ?onstmctbranSJ 
Columbia  is  hereby  authorized  to  construct,  equip,  and^"^®- 
operate,  with  the  overhead  trolley  system  of  electric  motive 
power,  a  branch  line  of  road  and  to  run  its  cars  thereon 
through  and  along  the  following-named  roads  or  streets  in 
the  District  of  Columbia; 

Beginning  at  the  intersection  of  the  Rock  Creek  Church 
road  and  Richmond  street,  in  the  subdivision  of  Petworth, 
arid  running  thence  westerly  along  said  Richmond  street  to 
Brightwood  avenue;  thence  Southerly  along  the  present 
tracks  of  the  said  Brightwood  Railway  on  said  Brightwood 
avenue,  to  the  intersection  of  Marshall  street  with  said 
Brightwood  avenue;  thence  westerly  along  and  over  said 
Marshall  street  to  Kenyon  avenue;  thence  along  said  Ken- 
yon  avenue  westerly  to  Fourteenth  street. 

Sec.  2.  That  work  on  said  branch  road  shall  be  begun 
within  six  months  and  completed— with  cars  running  ^ieti'o£ 
thereon — within  one  year  from  the  date  of  the  approval  of 
this  act.  (And  said  branch  road  shall  be  supplied  with  new 
cars  of  the  most  approved  pattern,  which  shall  be  run  as 
the  public  convenience  may  require,  and  said  branch  road 
shall  be  maintained  in  first-class  condition.)  And  said 
Brightwood  Railway  Company  shall  charge  not  exceeding 
five  cents  fare  for  one  continuous  ride  from  any  point  on 
its  line  to  the  terminus  of  its  main  line  or  any  of  its 
branches. 

Sec.  3.  That  for  the  purpose  of  constructing  and  equip- 
ping its  said  branch  line,  as  provided  for  in  this  act,  the 
said  Brightwood  Railway  Company  is  hereby  authorized 
and  empowered  to  issue  its  bonds  to  aid  in  paying  for  such 
construction  and  equipment  of  its  said  branch  line,  and  to 
secure  the  said  bonds  by  mortgage  or  deed  of  trust  of  its 
^R"t  of  way  and  all  of  its  property  of  whatsoever  kind, 
^.^^^er  real,  personal,  or  mixed,  on  said  branch  line:  Fro- 
mdM,  That  the  moneys  raised  on  said  bonds  shall  be  usedc^®  **^  '*'°" 
and  expended  only  for  the  construction  and  equipment  of 


Commence- 
ment and  corn- 


Cars. 


Fare. 


Bonds. 


46 


LAWS  BELATING   TO   STREET-BAILWAY    FRANCHISES. 


ig^™^'  ^^  ^^^said  branch  line:  And  provided  further^  That  the  amount 
of  said  bonds  shall  not  exceed  the  actual  cost  of  the  right 
of  way,  construction,  and  equipment,  motive  power,  and 
such  land  and  buildings  as  may  be  necessary  to  the  prac- 
tical and  complete  operation  of  said  branch  line. 

^Mnciding  gj,^  4  rpjjg^^^  ^\io\A^  any  part  of  the  branch  line  of  said 
Brightwood  Railroad  herein  provided  for  coincide  with  por- 
tions of  any  other  duly  incorporated  street  railway  in  the 
District  of  Columbia,  but  one  set  of  tracts  shall  be  used 
when,  on  account  of  the  width  of  the  street  or  for  other 
sufficient  reason,  it  shall  be  deemed  necessary  by  the  Com- 
missioners of  the  District,  and  the  relative  conditions  of 
Tennsofuse.  use  and  of  chartered  rights  may  be  adjusted  upon  terms 
to  be  mutually  agreed  upon  between  the  companies,  or,  in 
case  of  disagreement,  by  the  supreme  court  of  the  District 
of  Columbia,  on  petition  filed  therein  by  either  party  and 
on  such  notice  to  the  other  party  as  the  court  may  order. 

wJrSi^'bSd-     ^^^-  ^'  That  in  the  event  that  the  company  should  not  be 

ings.  able  to  come  to  an  agreement  with  the  owner  or  owners  of 

any  land  through  which  the  said  branch  line  may  be  located 

to  pass  or  upon  which  any  necessary  buildings  may  be  re- 

condemnation  quired  to  be  locatcd,  proceedings  for  the  condemnation  for 

proce  ngs.  ^^  ^^^  ^^  ^^j^  company  of  so  much  of  said  land  as  may  be 
required,  not  exceeding:  one  hundred  feet  in  width,  for  its 
roadway,  and  of  so  much  as  may  be  necessary  for  buildings, 
and  so  forth,  may  be  instituted  in  the  usual  way  in  the 
supreme  court  of  the  District  of  Columbia,  under  such 
rules  and  regulations  as  said  court  may  prescribe  for  such 
purposes. 

amended'  *  ^  '  ^^^'  ^'  ^^^^  ^^^  ^^*  ^2^\.  be  Considered  as  an  amend- 
ment to  the  act  approved  October  eighteenth,  eighteen  hun- 
dred and  eighty  eight,  granting  a  charter  to  the  Brightwood 
Railway  Company,  and  shall  be  construed  as  being  subject 
to  all  the  powers,  privileges,  limitations,  and  conditions  of 
said  original  act,  except  as  specifically  provided  otherwise 
herein. 

Sec.  7.  This  act  may  be  altered,  amended  or  repealed 
by  Congress  at  any  time,  at  its  discretion. 

Approved,  February  27,  1893. 


Jnly  7, 1898.  AN  ACT  To  require  the  Brightwood  Railway  Company  to  abandon  its 
overhead  trolley  on  Kenyon  street,  between  Seventh  and  Fourteenth 
streets. 

Be  it  enacted  hy  the  Senate  and  Hcmse  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
the  Brightwood  Railway  Company  of  the  District  of  Co- 
lumbia be,  and  it  is  hereby,  required,  within  one  month 
To  vacate  lin^  from  the  passage  of  this  Act,  to  vacate  that  part  of  its  road 
K°eiiyonstree*te.  lying  on  Kenyon  and  Marshall  streets,  between  Seventh 
and  Fourteenth  streets,  in  said  District,  and  remove  its 
tracks  and  poles  therefrom:  Provided^  hmoever^  That  said 
company  shall  have  the  right  at  any  time  within  one  year 


LAWS   EELATING   TO   STREET-RAILWAY   FRANCHISES.  47 

from  the  passage  of  this  Act  to  equip  and  operate  said 
road  with  underground  electric  power,  such  as  is  now  used 
by  the  Metropolitan  Railroad  Company.  In  case  said  com-  Forfeitore. 
pany  shall  neglect  or  refuse  to  equip  said  road  as  afore- 
said within  said  period  of  one  year,  then  their  right  to  do 
so  shall  stand  as  forfeited  and  their  charter  repealed  as  to 
said  part  of  said  road:  And  provided  further^  That  in  case 
said  railroad  company  shall  refuse  to  remove  its  tracks 
and  poles  from  said  street  within  thirty  days  as  aforesaid, 
then  its  charter  to  that  part  of  said  road  shall  stand  for- 
feited and  repealed  from  said  date,  and  after  the  expira- 
tion of  said  thirty  days  said  Brightwood  Railway  Company 
shall  be  liable  to  a  fine  of  twenty-five  dollars  a  day  for  Penai^. 
each  day  its  tracks,  or  any  part  thereof,  or  its  poles,  or 
any  one  of  them,  shall  remain  in  said  Kenyon  or  Marshall 
streets,  said  fine  to  be  collected  in  any  court  of  competent 
jurisdiction  at  the  suit  of  the  Commissioners  of  the  Dis- 
trict of  Columbia. 

Sec.  2.  That  said  railway  company,  for  the  purpose  only 
of  equipping  said  branch  with  underground  electric  power, 
shall  have  the  right  to  issue  its  bonds  bearing  interest  not  Bonds, 
to  exceed  six  per  centum  per  annum,  payable  at  such  time 
as  the  officers  of  the  company  may  deem  expedient:  Pro- 
vided^ That  the  issue  of  said  bonds  shall  not  in  the  aggre- 
gate exceed  the  amount  necessary  for  the  equipment  afore- 
said, and  the  total  outstanding  bonds  and  stock  shall  in 
no  event  exceed  the  sum  of  one  hundred  and  fifty  thousand 
dollars  per  mile  of  single  track. 

Sec.  3.  That  the  Brightwood  Railway  Company  is  hereby   J^^'ected  to  sen 
directed  to  sell  four  coupon  tickets  for  twenty-five  cents  for^^ente?^ 
for  use  over  the  lines  of  said  company  and  the  Capital  2i^i?Stio2*<^" 
Traction  Company  and  to  redeem  the  coupons  when  pre- 
sented by  said  Capital  Traction  Company;  and  the  pro- 
visions of  section  five  of  the  Act  approved  February   Act  of  Febm- 
twenty-sixth,  eighteen  hundred  and  ninety-five,  entitled  |Sdgg 'SpS; 
An  Act  to  amend  the  charter  of  the  Metropolitan  Railroad  tickets  extended 
Company  of  the  District  of  Columbia,"  which  relate  to  th^^i^^'"'^  "^  '"^ 
issue,  use,  and  redemption  of  said  tickets  and  coupons  in 
the  case  of  the  Brightwood  Railway  and  the  Metropolitan 
Railroad  companies,  and  the  penalty  for  violation  of  the 
provisions  of  said  section  of  said  Act,  and  the  recovery 
of  said  penalty,  and  the  authority  and  jurisdiction  of  cer- 
tain courts  to  enforce  the  requirements  and  provisions  of 
said  section,  shall  apply  to  the  issue,  use,  and  redemption 
^*  ^upon  tickets  on  the  lines  of  said  Brightwood  Railway 
and  Capital  Traction  companies;  and  the  aforesaid  pro- 
visions of  said  section  are  hereby  made  a  part  of  this  Act. 
Approved,  July  7,  1898. 


!l 


^\ 


ii 


CAPITAL  BAILWAT  COKPAITT. 


f 


I 


AN  ACT  To  incorporate  the  Capital  Railway  Company. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Co7igress  assembled^  That 
John  B.  Stetson,  Augustus  Burgdorf ,  Clarence  F.  Norment, 
Arthur  E.  Randle,  Harry  Upson  Sims,  Henry  C.  Long- 
necker,  W.  Frederick  Snyder,  Joseph  B.  Lewis,  and  Wil- 
liam Henry  Handle,  of  ,  their  associates  and  assigns, 
be,  and  they  are  hereby,  created  a  body  corporate  under  the 
name  of  the  Capital  Railway  Company,  and  by  that  name 
shall  have  perpetual  succession,  and  shall  be  able  to  sue  and 
be  sued,  plead  and  be  impleaded,  defend  and  be  defended 
in  all  courts  of  law  and  equity  within  the  United  States, 
and  may  make  and  have  a  common  seal.  And  said  cor- 
poration is  hereby  authorized  to  construct  and  lay  down  a 
street  railway,  with  the  necessary  switches,  turn-outs,  and 
other  mechanical  devices  in  the  District  of  Columbia,  and 
run  cars  thereon  for  carrying  passengers,  parcels,  milk, 
and  truck  by  and  along  the  following  route:  Beginning  at 
a  point  on  the  District  line  near  the  Potomac  River,  south- 
east of  Shepherds  Ferry,  thence  north  by  such  route  as 
shall  be  approved  by  the  District  Commissioners  to  the 
south  side  of  the  Eastern  Branch  or  Anacostia  River, 
thence  across  the  same  by  transfer  ferry  to  First  street  or 
South  Capitol  street,  as  may  be  approved  by  the  District 
Commissioners,  to  M  street,  over  the  same  route  to  the 
beginning;  also  commencing  at  Anacostia  railroad  tracks 
and  Harrison  street,  Anacostia;  thence  along  Harrison 
street  and  Good  Hope  Road,  Good  Hope  Road  extended, 
to  the  District  line,  and  return  over  same  route.  These 
routes  may  be  modified  or  extended  at  the  will  of  Con- 
gress, and  the  Capital  Railway  Company  shall  comply 
with  such  modifications  or  extensions. 

Sec.  2.  That  whenever  the  roadway  of  any  street  occu- 
pied by  the  Capital  Railway  Company  is  widened,  one-half 
of  the  cost  of  widening  and  the  improvement  of  such 
widened  part  shall  be  charged  to  the  said  railway  com- 
pany, and  collected  from  said  company  in  the  same  man- 
ner as  the  cost  of  laying  or  repairing  pavements  lying 
between  the  exterior  rails  of  the  tracks  of  street  railways, 
and  for  a  distance  of  two  feet  from  and  exterior  to  such 
track  or  tracks  on  each  side  thereef ,  is  collectible  under 
the  provisions  of  section  five  of  the  Act  entitled  "An  Act 
providing  a  permanent  form  of  government  for  the  District 
of  Columbia,"  approved  June  eleventh,  eighteen  hundred 
and  seventy-eight. 


March  2, 1895. 
Stats.  28,  p.  721. 


Capital  Rail- 
way Co.,  incorpo- 
rated (amend- 
ed). 


Authorized  to 
carry  passengers, 
parcels,  milk, 
and  truck. 

Route  (amend- 
ed). 


Ferry  (repeal- 
ed). 


Widening     o  f 
streets. 


16400—05- 


49 


50 


LAWS   RELATING   TO   STREET-EAILWAY   FRANCHISES. 


Route  along 
country  road. 


Construction. 


Proving. 


Lights. 


Change 
grade. 


of 


Excavations. 


Sec.  3.  That  when  the  route  described  coincides  with 
that  of  a  country  road  of  less  width  than  sixty-six  feet  the 
railway  shall  be  constructed  entirely  outside  ttie  road. 

Sec.  4.  That  the  said  railway  shall  be  constructed  in  a 
substantial  and  durable  manner,  and  all  rails,  electrical 
and  mechanical  appliances,  conduits,  stations,  and  so  forth, 
shall  be  approved  by  the  Commissioners  of  the  District  of 
Columbia. 

Sec.  5.  That  the  said  corporation  shall  at  all  times  keep 
the  space  between  its  tracks  and  rails  and  two  feet  exte- 
rior thereto  in  such  condition  as  the  Commissioners  of  the 
District  of  Columbia,  or  their  successors,  may  direct,  and 
whenever  any  street  occupied  by  said  railway  is  paved  or 
repaired  or  otherwise  improved  the  said  corporation  shall 
bear  all  the  expense  of  improving  the  spaces  above  de- 
scribed. Should  the  said  corporation  fail  to  comply  with 
the  orders  of  the  Commissioners  the  work  shall  be  done  by 
the  proper  oflScials  of  the  District  of  Columbia,  and  the 
amounts  due  from  said  corporation  shall  be  collected  as 
provided  by  section  five  of  the  Act  entitled  ^'An  Act  pro- 
viding a  permanent  form  of  government  for  the  District 
of  Ccuumbia,"  approved  June  eleventh,  eighteen  hundred 
and  seventy-eignt. 

Sec.  6.  That  if  the  said  railway  be  operated  by  overhead 
wires,  the  corporation  shall  furnish  and  maintain  such 
lights  along  its  line  as  the  Commissioners  of  the  District 
of  Columbia  may  direct,  without  cost  to  the  District  of 
Columbia;  but  no  overhead  wires  shall  be  constructed  or 
used  within  the  limits  of  the  city  of  Washington. 

Sec.  7.  That  nothing  in  this  Act  shall  prevent  the  Dis- 
trict of  Columbia  at  any  time,  at  its  option,  from  altering 
the  grade  of  any  avenue,  street,  or  highway  occupied  by 
said  railway,  or  from  altering  and  improving  streets,  ave- 
nues, and  highways,  and  the  sewerage  thereof;  in  such 
event  it  shall  be  the  duty  of  said  company  at  once  to 
change  its  said  railway  and  the  pavement  so  as  to  conform 
to  such  grades  and  improvements  as  may  have  been 
establishhed. 

Sec.  8.  That  it  shall  be  lawful  for  said  railway  company, 
its  successors  or  assigns,  having  first  obtained  the  permis- 
sion of  the  District  Commissioners  therefor,  to  make  all 
needful  and  convenient  trenches  and  excavations  in  any  of 
said  streets  or  places  where  said  company  may  have  the 
right  to  construct  and  operate  its  road,  and  place  in  such 
trenches  and  excavations  all  needful  and  convenient  de- 
vices and  machinery  for  operating  said  railroad  in  the 
same  manner  and  by  the  means  herein  provided,  but  shall 
forthwith  restore  the  street  to  like  good  condition  as  it  was 
before.  But  whenever  such  trenches  or  excavations  shall 
interfere  with  any  sewer,  gas,  or  water  pipes,  or  any  sub- 
ways or  conduits,  or  any  public  work  of  the  kind,  then  the 
expense  necessary  to  change  such  underground  construc- 
tions shall  be  borne  by  the  said  railroad  company. 


LAWS   relating   TO   STREET-RAILWAY   FRANCHISES. 


61 


etc 


Engine  houses 


Sec.  9.  That  the  said  company  shall,  before  commencing  Deposit  foi 
work  on  said  railroad  on  such  street,  deposit  with  the^**®'™**"** 
Treasurer  of  the  United  States,  to  the  credit  of  the  Wash- 
ington Aqueduct,  such  sum  as  the  Secretary  of  War  may 
consider  necessary  to  defray  all  the  expenses  that  may  be 
incurred  by  the  United  States  in  connection  with  the  inspec- 
tion of  the  work  of  construction  of  said  railroad  on  such 
street,  and  in  making  good  any  damages  done  by  said 
company  or  its  works,  or  by  any  of  its  contracting  agents, 
to  any  of  said  mains,  fixtures,  or  apparatus,  and  in  com- 
pleting, as  the  Secretary  of  War  may  consider  necessary, 
any  of  the  work  that  the  said  company  may  neglect  or 
refuse  to  complete,  and  that  the  Secretary  of  War  may 
consider  necessary  for  the  safety  of  said  mains,  fixtures,  or 
apparatus;  and  the  said  company  shall  also  deposit  as 
aforesaid  such  further  sums  for  said  purposes  at  such 
times  as  the  Secretary  of  War  may  consioer  necessary: 
Provided^  That  the  said  sum  shall  be  disbursed  like  other 
moneys  appropriated  for  the  Washington  Aqueduct,  and 
that  whatever  shall  remain  of  said*deposits  at  the  end  of 
one  year  after  the  completion  of  said  railroad  in  such  street 
shall  be  returned  to  said  company  on  the  order  of  the  Sec- 
retary of  War,  with  an  account  of  its  disbursement  in 
detail:  And  provided  also^  That  disbursements  of  said 
deposits  shall,  except  in  cases  of  emergency,  be  made  only 
on  the  order  of  the  Secretary  of  War. 

Sec.  10.  That  it  shall  also  be  lawful  for  said  corporation, 
its  successors  or  assigns,  to  erect  and  maintain,  on  private 
grounds,  at  such  convenient  and  suitable  points  along  its 
lines  as  may  seem  most  desirable  to  the  board  of  directors 
of  the  said  corporation,  and  subject  to  the  approval  of  the 
said  Commissioners,  an  engine  house  or  houses,  boiler 
house,  and  all  other  buildings  necessary  for  the  successful 
operation  of  its  railroad. 

Sec.  11.  That  the  line  of  the  said  railway  company  shall  i^d^m^Sion 
be  commenced  within  one  year  and  completed  within  three  (modified?.^  ^^ 
years  from  date  of  the  passage  of  this  Act;  and  in  default 
of  such  commencement  or  completion  within  the  time  in 
this  section  specified,  all  rights,  franchises,  and  privileges 
granted  by  this  Act  shall  immediately  cease  and  determine. 

Sec.  12.  That  the  said  company  may  run  public  carriages   Motive  power, 
propelled  by  cable,  electric,  or  other  mechanical  power;  but 
nothing  in  this  Act  shall  allow  the  use  of  steam  power  in 
locomotives,  or  of  overhead  trolleys  within  the  limits  of  the 
city:  Provided,  That  if  electric  power  by  trolley  be  used,  pi5^*"e*f  ®  b** 
that  the  said  company  shall  be  liable  for  all  damages  electrolysis'    ^ 
made  thereby  to  subsurface  metal  pipes,  and  to  other  public 
and  private  property:  Provided  further,  That  for  the  pur- 
pose of  making  a  continuous  connection  over  the  route  here- 
inbefore described  the  said  company  shall  have  the  right 
to  cross  all  streets,  avenues,  and  highways  that  may  be 
along  the  designated  route,  and  shall  have  the  right  to  con- 
struct ferry  slips  and  to  operate  and  maintain  a  steam  trans- 
fer ferry  from  a  point  at  or  near  the  foot  of  South  Capitol 


Crossings. 


Ferry  slips  and 
ferry. 


52 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


58 


routes 


street  to  the  opposite  shore  of  the  Anacostia  River,  for  the 
purpose  of  transf  erring  its  passengers,  and  so  forth,  or  cars, 
subject  to  the  approvalof  the  Commissioners  of  the  Distrct 
of  Columbia;  Provided  further^  That  whenever  the  forego- 
^^oincidinging  route  or  routes  may  coincide  with  the  route  or  routes 
of  any  duly  incorporated  street  railway  company  in  the 
District  of  Columbia  the  tracks  shall  be  used  by  both  com- 
panies, which  are  hereby  authorized  and  empowered  to  use 
such  tracks  in  common  upon  such  fair  and  equitable  terms 
as  may  be  agreed  upon  by  said  companies;  and  in  the  event 
the  said  companies  fail  to  agree  upon  equitable  terms, either 
of  said  companies  may  apply  by  petition  to  the  supreme 
court  of  the  District  of  Columbia,  which  shall  immediately 
provide  for  proper  notice  to  and  hearing  of  all  parties  in- 
terested, and  shall  have  power  to  determine  the  terms  and 
conditions  upon  which  and  the  regulations  under  which  the 
company  hereby  incorporated  shall  be  entitled  so  to  use  and 
enjoy  the  track  of  such  other  street  railway  company,  and 
the  amount  and  manner  of  compensation  to  be  paid  there- 
for: And  provided  further^  That  neither  of  the  companies 
using  such  track  in  common  shall  be  permitted  to  make  the 
track  so  used  in  common  the  depot  or  general  stopping  place 
to  await  passengers,  but  shall  only  be  entitled  to  use  the 
same  for  the  ordinary  passage  of  its  cars,  with  the  ordinary 
halts  for  taking  up  and  dropping  off  passengers:  Provided, 
That  this  shall  not  apply  to  or  interfere  with  any  station 
already  established  on  any  existing  lines;  that  said  corpora- 
tion is  authorized  and  empowered  to  propel  its  cars  over  the 
line  of  any  other  road  or  roads  which  may  be  in  the  align- 
ment with  and  upon  such  streets  as  may  be  covered  by  the 
route  or  routes  as  prescribed  in  this  Act,  in  accordance  with 
the  conditions  hereinbefore  contained;  and  that  this  corpor- 
ation shall  construct  and  repair  such  portions  of  its  road  as 
may  be  upon  the  line  or  routes  of  any  other  road  thus  used; 
and  in  case  of  any  disagreement  with  any  company  whose 
line  of  road  is  thus  used  such  disagreement  may  be  sum- 
marily determined  upon  the  application  ©f  either  road  to 
any  court  in  said  District  having  competent  jurisdiction. 
Passenger     Sec.  13.  That  the  said  company  shall  furnish  and  main- 
tain passenger  houses,  as  required  by  the  Commissioners 
of  the  District  of  Columbia,  and  shall  use  first-class  cars  on 
said  railway,  with  all  the  modern  improvements  for  the  con- 
venience, comfort,  and  safety  of  passengers,  and  shall  run 
cars  as  often  as  the  public  convenience  may  require,  in 
accordance  with  a  time-table  to  be  subject  to  the  approval 
of  the  Commissioners  of  the  District  of  Columbia.     Every 
failure  to  comply  with  the  conditions  of  this  section  shall 
render  the  said  corporation  liable  to  a  fine  of  fifty  dollars, 
to  be  recovered  in  any  court  of  competent  jurisdiction  at 
the  suit  of  the  Commissioners  of  said  District. 

Sec.  14.  That  the  Commissioners  of  the  District  of 

Columbia  may  make  such  regulations  as  to  rate  of  speed, 

ij^5f^?Sr*™^^®  .^^  ^^®  ^^  tracks,  and  removal  of  ice  and  snow  as  in 

their  judgment  the  interest  and  convenience  of  the  public 


houses. 


Hme-table. 


Penalty. 


Speed. 


may  require.  Should  the  servants  or  agents  of  said  com- 
pany willfully  or  negligently  violate  such  an  ordinance  or 
regulation  said  company  shall  be  liable  to  the  District  of 
Columbia  for  a  penalty  not  exceeding  five  hundred  dollars. 

Sec.  16.  That  within  thirty  days  after  the  passage  of  this  organizationof 
Act  the  corporators  named  in  the  first  section,  their  asso-  ^**™P*°y* 
ciates,  successors,  or  assigns,  or  a  majority  of  them,  or  if 
any  refuse  or  neglect  to  act,  then  a  majority  of  the  remain- 
der, shall  meet  at  some  convenient  and  accessible  place  in 
the  District  of  Columbia  for  the  organization  of  said  com- 
pany and  for  the  receiving  of  subscriptions  to  the  capital 
stock  of  the  company:  Provided^  That  every  subscriber 
shall  pay  at  the  time  of  subscribing  ten  per  centum  in  cash    lo  per  cent  to 
of  the  amount  by  him  subscribed  to  the  treasurer  appointed  ^®  pai<io»  stock. 
by  the  corporation,  or  his  subscription  shall  be  null  and 
void:  Provided  further^  That  nothing  shall  be  received  in 
payment  of  the  ten  per  centum  at  the  time  of  subscrib- 
ing except  lawful  money  or  certified  checks  from   any 
established  national  bank.     And  when  the  books  of  the 
subscription  to  the  capital  stock  of  said  company  shall  be 
closed  tne  corporators  named  in  the  first  section,  their  asso- 
ciates, successors,  or  assigns,  or  a  majority  of  them,  and  in 
case  any  of  them  refuse  or  neglect  to  act,  then  a  majority 
of  the  remainder,  shall,  within  twenty  days  thereafter,  call  ^^^^^^  *^ 
the  first  meeting  of  the  stockholders  of  said  company  to  sSxjkSoidenf  ^ 
meet  within  ten  days  thereafter  for  the  choice  of  directors, 
of  which  public  notice  shall  be  given  for  five  days  in  two 
daily  newspapers  published  in  the  city  of  Washington,  and 
by  written  personal  notice  to  be  mailed  to  the  address  of 
each  stockholder  by  the  clerk  of  the  corporation;  and  in 
all  meetings  of  the  stockholders  each  share  shall  entitle  the 
holder  to  one  vote,  to  be  given  in  person  or  by  proxy. 

Sec.  16.  That  the  government  and  direction  ot  affairs  of  Govemmentof 
the  company  shall  be  vested  in  a  board  of  directors,  nine  S  dSectorsf^^ 
in  number,  who  shall  be  stockholders  of  record,  and  who 
shall  hold  their  ofiSce  for  one  year,  and  until  others  are  duly 
elected  and  qualified  to  take  their  places  as  directors;  and 
the  said  directors,  a  majority  of  whom  shall  be  a  quorum, 
shall  elect  one  of  their  number  to  be  president  of  the  board, 
who  shall  also  be  president  of  the  company,  and  they  shall 
also  choose  a  vice-president,  a  secretary,  and  a  treasurer, 
who  shall  give  bond  wnth  surety  to  said  company,  in  such 
sums  as  the  said  directors  may  require,  for  the  faithful  dis- 
charge of  his  trust.  In  the  case  of  a  vacancy  in  the  board 
of  directors  by  the  death,  resignation,  or  otherwise,  of  any 
director  the  vacancy  occasioned  thereby  shall  be  filled  by 
the  remaining  directors. 

Sec.  17.  That  the  directors  shall  have  the  power  to  make 
and  prescribe  such  by-laws,  rules,  and  regulations  as  they 
shall  deem  needful  and  proper  touching  the  disposition  and 
management  of  the  stock,  property,  estate,  and  effects  of 
the  company  not  contrarv  to  the  charter  or  to  the  laws  of 
the  United  States  and  the  ordinances  of  the  District  of 
Columbia. 


OfScera. 


By-laws. 


II 


54 


LAWS   EELATING   TO   STKEET-RAILWAY   FRANCHISES. 


r 

i'l 

^ 


b^t^^dil     ^^^'  ^^'  '^^^^  *^®^®  s^^^  ^®  ^*  ^®»s*  ^^  annual  meeting 

ew.  of  the  stockholders  for  choice  of  directors,  to  be  holden  at 

such  time  in  the  District  of  Columbia,  under  such  condi- 
tions, and  upon  such  notice  as  the  said  company  in  their 
by-laws  may  prescribe;  and  said  directors  shall  annually 
make  a  report  in  writing  of  their  doings  to  the  stockholders. 
Sec.  19.  That  said  company  is  hereoy  authorized  to  issue 

liS^^  stock  its  capital  stock  to  an  amount  not  to  exceed  the  estimated 
cost  of  the  construction  and  equipment  of  the  road  in  shares 
of  fifty  dollars  each,  and  to  issue  bonds  not  to  exceed  the 
cost  of  construction  of  the  road,  but  such  stock  and  bonds 
shall  not  exceed  in  the  aggregate  more  than  the  actual  cost 
of  the  ri^ht  of  way,  construction,  and  equipment  of  said 
road.     Said  company  shall  require  the  subscribers  to  the 

^ow  to  be  paid  capital  stock  to  pay  in  cash  to  the  treasurer  appointed  by  the 
corporators  the  amounts  severally  subscribed  by  them,  as 
follows,  namely:  Ten  per  centum  at  the  time  of  subscribing 
and  the  balance  of  such  subscription  to  be  paid  at  such  times 
and  in  such  amounts  as  the  board  of  directors  may  require; 
and  no  subscription  shall  be  deemed  valid  unless  the  ten  per 
centum  thereof  shall  be  paid  at  the  time  of  subscribing,  as 
hereinbefore  provided;  and  if  any  stockholder  shall  refuse 
or  neglect  to  pay  any  installment  as  aforesaid,  or  as  re- 
quired by  the  resolution  of  the  board  of  directors,  after 
seasonable  notice  of  the  same,  the  said  board  of  directors 

defelSt/'^^'''°^y  ^^^^  ^^  public  auction,  to  the  highest  bidder,  so  many 
shares  of  his  stock  as  shall  pay  said  installments,  and  the 
person  who  oflfers  to  purchase  the  least  number  of  shares  for 
the  assessment  due  shall  be  taken  to  be  the  highest  bidder, 
and  such  sale  shall  be  conducted  under  such  general  regu- 
lations as  may  be  adopted  in  the  by-laws  of  said  company; 
but  no  stock  shall  be  sold  for  less  than  the  total  assess- 
ments due  and  payable,  or  said  corporation  may  sue  and 
collect  the  same  from  any  delinquent  subscriber  in  any 
court  of  competent  jurisdiction;  Provided,  That  no  certifi- 
cates of  stock  shall  be  issued  until  the  same  has  been  paid 
for  in  money  at  its  face  value. 

Articles  left  in  Sec.  20.  That  all  articles  of  value  that  may  be  inadvert- 
ently left  in  any  of  the  cars  or  other  vehicles  of  the  said 
company  shall  be  taken  to  its  principal  depot  and  entered 
in  a  book  of  record  of  unclaimed  goods,  which  book  shall 
be  open  to  the  inspection  of  the  public  at  all  reasonable 
hours  of  business. 

Annual  report  Sec.  21 .  That  Said  company  shall,  on  or  before  the  first  of 
February  of  each  year,  make  a  report  to  Congress,  through 
the  Commissioners  of  the  District  of  Columbia,  of  the  names 
of  all  the  stockholders  therein  and  the  amount  of  stock 
held  by  each,  together  with  a  detailed  statement  of  the 
receipts  and  expenditures,  from  whatever  source  and  on 
whatever  account,  for  the  preceding  year  ending  December 
thirty-first,  and  such  other  facts  as  may  be  reauired  by  any 
general  law  of  the  District  of  Columbia,  which  report  shall 
be  verified  by  the  affidavit  of  the  president  and  secretary 
of  said  company,  and,  if  said  report  is  not  made  at  the  time 


cars. 


''X)  Congress. 


e   of 


LAWS   EELATING   TO   STBEET-RAILWAY   FRANCHISES.  55 

specified,  or  within  ten  days  thereafter,  such  failure  shall 
of  itself  operate  as  a  forfeiture  of  this  charter,  and  it  shall 
be  the  duty  of  the  Commissioners  to  cause  to  be  instituted 
proper  judicial  proceedings  therefor;  and  said  company  Taxea 
shall  pay  to  the  District  of  Columbia,  in  lieu  of  personal 
taxes  upon  personal  property,  including  cars  ana  motive 
power,  each  year,  four  per  centum  of  its  gross  earnings, 
which  amount  shall  be  payable  to  the  collector  of  taxes 
at  the  times  and  in  the  manner  that  other  taxes  are  now 
due  and  payable,  and  subject  to  the  same  penalties  on  ar- 
rears; and  the  franchise  and  property  of  said  company, 
both  real  and  personal,  to  a  sufficient  amount,  may  be  seized 
and  sold  in  satisfaction  thereof,  as  now  provided  by  law  for 
the  sale  of  other  property  for  taxes;  and  said  per  centum  of 
its  gross  earnings  shall  be  in  lieu  of  all  other  assessments 
of  personal  taxes  upon  its  property  used  solely  and  exclu- 
sively in  the  operation  and  management  of  said  railway: 
Provided,  That  its  tracks  shall  not  be  taxed  as  real  estate. 

Sec  22.  That  said  company  may  receive  a  rate  of  fare  ^^«»e. 
not  exceeding  five  cents  per  passenger;  and  the  said  com- 
pany may  make  arrrangements  with  all  existing  railway 
companies  in  the  District  of  Columbia  for  the  interchange 
of  tickets  in  payment  of  fare  on  its  road:  Provided,  That 
within  the  limits  of  the  District  of  Columbia  six  tickets 
shall  be  sold  for  twenty-five  cents. 

Sec  23.  That  the  said  company  shall  have  at  all  times  ^^  ^« 
the  free  and  uninterrupted  use  of  the  roadway,  subject  to  ^*^* 
the  rights  of  the  public,  and  if  any  person  or  persons  shall 
willfully,  mischieviously,  and  unlawfully  obstruct  or  im- 
pede the  passage  of  cars  of  said  railway  company  with  a 
vehicle  or  vehicles,  or  otherwise,  or  in  any  manner  molest 
or  interfere  with  passengers  or  operatives  while  in  transit, 
or  destroy  or  injure  the  cars  of  said  railway,  or  depots, 
stations,  or  other  property  belonging  to  the  said  railway 
company,  the  person  or  persons  so  offending  shall  forfeit 
and  pay  for  each  such  offense  not  less  than  twenty -five  nor 
more  than  one  hundred  dollars,  to  be  recovered  as  other  ^'^«'*"<»- 
fines  and  penalties  in  said  District,  and  shall  remain  liable, 
in  addition  to  said  penalty,  for  any  loss  or  damage  occa- 
sioned by  his  or  her  or  their  act  as  aforesaid;  but  no  suit 
shall  be  brought  unless  commenced  within  sixty  days  after 
such  offense  shall  have  been  committed. 

Sec.  24.  That  the  Capital  Railway  Company  shall  have  crossings, 
the  right  of  way  across  such  other  railways  as  are  now  in 
operation  within  the  limits  of  the  lines  granted  by  this  Act, 
and  is  hereby  authorized  to  construct  its  said  road  across 
such  other  railways:  Provided,  That  it  shall  not  interrupt 
the  travel  of  such  other  railways  in  such  construction. 

Sec  25.  That  no  person  shall  be  prohibited  the  right  to    Ejection  from 
travel  on  any  part  of  said  road,  or  be  ejected  from  the  cars  "*"* 
by  the  company's  employees  for  any  other  cause  than  that 
of  being  drunk,  disorderly,  or  contagiously  diseased,  or 
refusing  to  pay  the  legal  fare  exacted,  or  to  comply  with 
the  lawful  general  regulations  of  the  company. 


Penalty  for  in- 


I 


m 


56 


LAWS   RELATING    TO   STBEET-RAILWAY   FRANCHISES. 


Condemnation 
of  land. 


Commencement 
and  completion. 


Location  of 
tracks,  etc.,  to  be 
approved  by 
Commissi  oners. 


Deposit  with 
collector  of 
taxes. 


Conditions 
etc.,  shall  be 
complied  with. 


Repeal,  etc. 


Sec.  26.  That  in  the  event  the  company  should  not  be 
able  to  come  to  an  agreement  with  the  owner  or  owners  of 
any  land  through  which  the  said  road  may  be  located  or 
pass,  proceedings  for  the  condemnation  for  the  use  of  the 
company  of  so  much  of  said  land  as  may  be  required,  not 
exceeding  twenty  feet  in  width,  may  be  instituted  in  the 
usual  way  in  the  supreme  court  of  the  District  of  Colum- 
bia, under  such  rules  and  regulations  as  said  court  may 
prescribe  for  such  purposes:  i^romded^  That  any  property 
owner  shall  have  the  right  of  trial  by  jury  in  such  issue. 

Sec.  27.  That  should  the  Capital  Riailway  Company  fail 
to  commence  or  complete  the  construction  of  its  road  within 
the  limit  of  time  prescribed  by  this  Act,  all  rights,  fran- 
chises, and  privileges  herein  granted  shall  cease  and  deter- 
mine. 

Sec.  28.  That  all  plans  of  location  and  construction  of 
tracks  and  other  structures  in  public  places  pertaining  to 
said  railway  shall  be  subject  to  the  approval  of  the  Com- 
missioners of  the  District  of  Columbia,  and  all  work  thereof 
shall  at  all  times  be  subject  to  their  supervision.  The  said 
company  shall,  from  time  to  time,  deposit  with  the  collector 
of  taxes  of  the  District  of  Columbia  such  amounts  as  may 
be  deemed  necessary  by  said  Commissioners  to  cover  the 
costs  of  inspection,  supervision,  changes  to  water  pipes  and 
sewer  connections,  changes  of  curb  and  pavement,  and  work 
not  otherwise  provided  for,  which  may  be  made  necessary 
by  the  location,  grade,  or  underground  conduits  of  said  rail- 
way. Any  unexpended  balance  remaining  after  construc- 
tion of  said  road  shall  be  returned  to  said  company  with  an 
account  in  full  of  the  disbursement  of  such  deposits. 

Sec.  29.  That  all  the  conditions,  requirements,  and  obli- 
gations imposed  by  the  terms  of  this  Act  upon  the  Capital 
Railway  Company  shall  be  complied  with  by  any  and  all 
the  successors  to  and  assigns  of  said  company. 

Sec.  30.  That  this  Act  may  at  any  time  be  altered, 
amended,  or  repealed  by  the  Congress  of  the  United  States. 

Approved,  March  2,  1895. 


May  28, 1896.    AN  ACT  To  amend  an  act  entitled  "An  act  to  incorporate  the  Capital 
Stat.  29,  p.  187.      Railway  Company,"  approved  March  second,  eighteen  hundred  and 
ninety-five. 


way 
amended. 


im 


Be  it  enacted  hy  th§  Senate  and  House  of  Representatives 
^c?^h2rtir^^^^^  ^'^^i^d^f^(^i^  of  America  in  Congress  assemUed,ThBt 
T,«nd«;;i  the  Act  entitled  "An  Act  to  incorporate  the  Capital  Rail- 

way company,"  approved  March  second,  eighteen  hundred 
and  ninety-five,  be,  and  the  same  is  hereby,  amended  by 
striking  out  in  the  first  section  all  after  the  words  ''have 
a  common  seal,"  to  the  end  of  the  section,  and  inserting 
the  following:  "Said  corporation  is  hereby  authorized  to 
construct  and  lay  down  and  complete  a  single  or  double 
track  street  railway  in  the  District  of  Columbia,  and  run 
cars  thereon  for  carrying  passengers  by  and  along  the  f ol- 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


57 


lowing  route:  Beginning  at  a  point  on  the  District  line 
near  the  Potomac  River  southeast  of  Shepherd's  Ferry, 
thence  by  such  route  as  shall  be  approved  by  the  Commis- 
sioners of  the  District  of  Columbia  to  the  south  side  of 
the  Eastern  Branch  or  Anacostia  River  at  the  Navy- Yard 
bridge;  thence  across  said  bridge  to  Eleventh  street  east; 
thence  north  on  Eleventh  street  east  to  M  street  south; 
thence  west  on  M  street  to  a  point  to  be  located  by  the 
District  Commissioners  near  Eighth  street  east,  connect- 
ing with  the  lines  of  the  Capital  Traction  Company,  also 
continuing  from  said  Eleventh  and  M  streets  north  on 
Eleventh  street  to  the  south  building  line  of  East  Capitol 
street,  and  returning  over  the  same  route  to  the  point  of 
beginning.  Also,  beginning  at  the  eastern  end  of  the 
Navy- Yard  bridge,  easterly  along  Monroe  and  Harrison 
streets  and  Good  Hope  road,  and  from  Good  Hope  road  to 
the  District  line,  over  such  route  as  the  District  Commis- 
sioners shall  approve,  and  returning  over  the  same  route 
to  the  point  of  beginning:  Provided,  That  within  the  city 
of  Wasnington  a  double-track  railway  shall  be  constructed : 
Provided  further,  That  the  line  of  said  railway  company 
shall  be  commenced  within  three  months  and  completed 
within  one  year  from  the  date  of  the  passage  of  this  Act, 
with  the  exception  mentioned  in  section  four  of  this  Act." 

Sec.  2.  That  the  motive  power  to  be  used  on  the  lines  in 
this  Act  specified  shall  be  the  underground  electric  system 
within  the  city  of  Washington  and  the  overhead  trolley 
system  outside  the  city  of  Washington.  For  crossing  the 
Navy-Yard  bridge  the  said  company  may,  in  the  discretion 
of  the  Commissioners  of  the  District  of  Columbia,  use 
either  horse  power  or  the  underground  electric  system  to 
propel  its  cars;  and  the  said  company  shall  have  the  privi- 
lege of  carrying  an  electric  current  across  the  said  Navy- 
Yard  bridge  in  such  manner  as  the  said  Commissioners  of 
the  District  of  Columbia  shall  prescribe. 

Sec.  3.  That  the  Capital  Railway  Company,  the  Metro- 
politan Railroad  Company,  and  the  Capital  Traction  Com- 
pany are  hereby  required  to  issue  free  transfers  at  the  point 
of  intersection  of  their  respective  lines,  so  that  for  the  pay- 
ment of  one  fare  a  passenger  on  either  road  shall  have  the 
privilege  of  riding  over  the  lines  of  both. 

Sec.  4.  That  the  portions  of  the  company's  route  from 
Congress  or  Pencote  Heights  to  Shepherd's  Landing  and 
the  Harrison  street  branch  east  to  the  District  line  shall 
be  completed  within  two  years  from  the  passage  of  this 
Act:  Provided,  That  failure  to  complete  the  said  portions 
ot  the  routes  as  providexl  for  in  this  section,  and,  also, 
u  n^^  ^^  complete  the  extension  on  Eleventh  street  east 

A  ?Pf  ^*^®  ^  repeal  the  authority  to  build  said  portions, 
and  shall  not  repeal  the  charter  of  said  company. 

oEc.  5.  That  Congress  reserves  the  right  to  alter,  amend, 
or  repeal  this  Act. 

Approved,  May  28,  1896. 


Route. 


Double  tracks 
in  city. 

Commence- 
ment and  com- 
pletion. 


Motive  power. 


Free  transfers 
with  Metropoli- 
tan and  Capital 
Traction  com- 
panies. 


Branch  to 
Shepherds  Land- 
ing and  District 
line. 


Amendment^ 
etc. 


68  LAWS  BELATING  TO  8TEEET-BAILWAY   FEANCHISES. 

Jnnei5.i808.       AN  ACT  To  amend  the  charter  of  the  Capital  Railway  Company. 

Be  iteruicted  ly  the  Senate  amd  House  of  Representatives 
T    1 1  %   i^  United  States  of  America  in  Congress  assembled.  That 

Navy -7a  r'^d ^f^®  ^^pital  Railway  Company  is  hereby  authorized  to  in- 
Bndge.  stall  and  use  the  double  overhead-trollev  system  on  the 

Navy- Yard  Bridge  for  the  purpose  of  propelling  its  cars 
across  the  same,  the  speed  on  the  bridge  not  to  exceed  the 
Speed.  rate  of  three  and  a  half  miles  an  hour  and  the  double  trol- 

ley wires  to  be  protected  by  a  wooden  trough  and  thor- 
^eteiisof  con-oughly  insulated  from  said  bridge;  details  of  construction 
to  be  subject  to  the  approval  of  the  District  Commissioners. 
Time  extend-     Sec.  2.  That  the  time  granted  the  Capital  Railway  Com- 
pany to  construct  its  road  by  Act  approved  May  twenty- 
eighth,  eighteen  hundred  and  ninety-six,  is  hereby  extended 
underground  one  year  from  the  approval  of  this  Act,  and  if  the  under- 
^ound  system  now  used  by  the  company  is  finally  rejected, 
It  18  authorized  to  install  an  underground  system  essentially 
similar  to«iat  used  by  the  Metropolitan  Railway  Company . 
bEc.  3.  That  Congress  reserves  the  right  to  alter,  amend, 
or  repeal  this  Act. 

Approved,  June  15,  1898. 


f 


ed. 


Bystem. 


CAPITAL  TEACTION  COMPANY  (EMBRACING  THE  ROCK  CREEK 
RAILWAY  COMPANY  AND  THE  WASHINGTON  AND  GEORGETOWN 
RAILROAD  COMPANY). 


May  17, 1862. 
Stat8.,12,p.888. 


Washington 
and  Georgetown 
Railroad  Com- 
pany incorporat- 
ed (amended). 


Ron  te 
tended). 


(ex. 


AN  ACT  To  incorporate  the  Washington  and  Georgetown  Railroad 
Company.     (Now  the  Capital  Traction  Company. ) « 

Beit  enacted  hy  the  Senate,  and  House  of  Representatives 
of  the  United  States  of  America  in  Con^i  ess  o^sserrMed^  That 
Eliab  Kingman,  Franklin  Tenney,  J.  J.  Coombs,  SayleseT. 
Bowen,  Charles  H.  Upton,  Henry  Addison,  Hallett  Kil- 
bourne,  and  their  associates  and  assigns  be,  and  they  are 
hereby  created  a  body  corporate,  under  the  name  of  the 
''Washington  and  Georgetown  Railroad  Company,"  with 
authority  to  construct  and  lay  down  a  double  track  rail- 
way, with  the  necessary  switches  and  turnouts,  in  the  cities 
of  Georgetown  and  Washington,  in  the  District  of  Colum- 
bia, through  and  along  the  following  avenues  and  streets: 
Commencing  on  Bridge  street,  at  the  intersection  with  High 
street,  or  at  such  point  on  said  Bridge  street  east  thereof, 
in  the  city  of  Georgetown,  as  may  be  designated  hereafter 
by  the  corporate  authorities  thereof,  along  said  Bridge 
street  to  its  intersection  with  the  street  running  to  the 
tubular  bridge  over  Rock  creek  to  Pennsylvania  avenue,  in 
the  city  of  Washington;  along  said  avenue  to  Fifteenth 
street  west;  along  said  street  south  to  said  avenue;  along 
said  avenue  to  the  foot  of  the  Capitol  grounds;  thence 
around  the  southern  boundary  of  the  Capitol  grounds;  and 
along  their  southern  boundary  easterly  to  Pennsylvania 
avenue;  a^ong  said  Pennsylvania  avenue  to  Eighth  street 
east,  or  Garrison  street;  and  along  said  street  south  to  the 
Navy  Yard  gate,  with  a  lateral  road  running  along  the  east- 
ern front  of  the  Capitol  from  the  southern  to  the  northern 
gate,  and  thence  by  "A"  street  to  the  depot  of  the  Balti- 
more and  Ohio  railroad ;  and  thence  from  said  depot  through 
First  street  west  to  Pennsylvania  avenue,  so  as  to  inter- 
sect with  said  main  road;  also  a  double  or  single  track 
branch  railway,  commencing  at  Boundary  street  north  and 
running  down  Seventh  street  west  to  Pennsylvania  ave- 
nue and  to  the  Potomac;  also,  a  railway  commencing  at 
Boundary  street  and  running  down  Fourteenth  street  west 
and  New  York  avenue  to  Pennsylvania  avenue  to  a  point 
of  intersection  with  said  first-mentioned  railway,  with 
the  right  to  run  public  carriages  thereon  drawn  by  horse-    Horse  power.6 

«  Merged  into  the  Capital  Traction  Company,  mider  authority  of 
Act  of  Congress,  approved  March  1,  1895. 

*  Motive  power  changed  to  cable,  under  authority  of  act  of  Con- 
gress approved  March  2,  1889. 


I 


60 


f 
■I 


I 


Use  of  road 
snblect  to  mu- 
nicipal regula- 
tions. 


Taxation. 


Railway— how 
to  be  laid. 


Tracks  to  be 
kept  in  order  by 
the  company. 


Grade  to  be  al- 
tered when  re- 
quired. 


Act  may  be  al- 
tered, repealed, 
etc 


Not  to  issue 
notes,  etc.,  as 
currency. 


Capital  stock. 


LAWS   BELATING   TO    STKEET-RAILWAY   FBANCHISES. 

power,  receiving  therefor  a  rate  of  fare  not  exceeding  five 
fffW^  passenger  for  any  distance  between  the  termfni  of 

^IhZ  ^l  ^aT^  T''  m^'^"^^^'  ^^  ^^^^^en  the  termini  of 
either  of  said  branch  railways,  or  between  either  terminus 
of  said  mam  railway  and  the  terminus  of  either  of  said 

l?^t  ^^^JT^ii^""^'^.^'  T^^*  ^^^  ^«^  «"d  maintenance 
of  said  road  shall  be  subject  to  the  municipal  regulations 

of  the  cities  of  Washington  and  Georgetown,  resp'ectively! 
^prl?^r  '^''T^  corporate  limits;  and  that  whenever 

stiVKart^t^^^^^^^       ^^-  ''^  -^^  -^- 

Sec.  2.  ATid  be  it  further  enacted,  That  said  roads  shall 

S^otTf  'If  ««*^te'  ^°d  they,  together  with  other  rea 

fhTht^itlt^^  r"^?"^'  P'^^Pf'^y  of  said  body  corporate, 

Dronertv  f„  Ihl  ^^''^T  "^  '^^}^''  '"«"'  ««***«  """J  Persona 
vWe^  atoresaid,  except  as  hereinafter  pro- 

>.h«u^il\  4,¥lii*f"^^f>cuited,  That  the  said  railway 
shall  be  laid  in  the  centre  of  the  avenues  and  streets  as 
near  as  may  be,  without  interfering  with  or  pacing  oV^ 

^lZi7  T  ^f  ?  P"''  '»  *^«  """St  approved  ^nner 
adapted  for  street  railways,  with  rails  of  tfie  most  approved 
patterns,  to  be  determined  by  the  Secretary  of  the  fnterior 
laid  upon  an  even  surface  with  the  pavement  of  the  sS- 

?o.t  hfP*"^  ^^"T  *^?  ^r  *™«^«  si"*"  "ot  be  less  than 
four  feet  nor  more  than  six  feet,  and  the  carriages  shall  not 
be  less  than  six  feet  in  width,  the  gauge  to  correspond  wlS 
that  of  the  Baltimore  and  Ohio  Railroad. 

tinr^hL^'^^^  i^/"^i^f^i^.  That  the  said  corpora- 
tion  hereby  created,  shall  be  bound  to  keep  said  tiiclM 
and  for  the  space  of  two  feet  beyond  the  oute?  mil  thS' 
and  also  the  space  between  the  tracks,  at  all  times  well 
paved  and  in  good  order,  without  expanse  to  thTvnJted 

sl^  ''k  t«t^i  «!*.'««.«*  Georgetown  and  Washington 
,.f    hii   ^"^ ^i^i/"^,^ enacted,  That  nothing  in  this 
act  shall  prevent  the  Government,  at  any  time  at  their 
option,  from  altering  the  grade  or' otherwise  fiproving 
Pennsylvania  avenue  and  such  other  avenues  an/ streete 
as  may  be  occupied  by  said  roads,  or  the  cities  of  Wash 
mgton  and  Georgetown  from  so  altering  or  improving  such 
ftvl^*""^  avenues  as  may  be  under  thei?  respective  author 
ity  and  control,  and  in  such  event  it  shall  be  lie  dutv  of  said 

suSL^H^'^'T  *¥"■  "^'^  ™"'«*d  so  as  to  coXm  o 
SUCH  altered  grade  and  pavements. 

bEC.  \And  be  it  further  enacted.  That  this  act  mav  at  * 

o  f ^^"i/u  -^'^  **  it  further  enacted.  That  nothing  in  this 
act  shall  be  so  construed  as  to  authorize  said  body  corporate 

d^hf^h^  "^*''  *°^^"'  ^^^i««'  «<=rip,  or  other  evide^rof 
debt  to  be  used  as  a  currency. 

Sec.  8.  And  he  it  further  enacted,  That  the  capital  stock 
of  said  commny  shall  be  not  less  than  three  nor  more  than 
five  hundred  thousand  dollars,  and  that  the  stocksh  Jl  b^ 


Cars. 


Schedule. 


Passenger 
rooms,    stablee, 


LAWS   RELATING   TO   8TREET-BAILWAY  FRANCHISES.  61 

divided  into  shares  of  fifty  dollars  each,  and  shall  be  deemed 
personal  i)roperty,  transferable  in  such  manner  as  the  by- 
laws of  said  company  may  direct. 

Sec.  9.  And  he  itfarthefr  enacted.  That  the  said  company 
shall  place  first-class  cars  on  said  railways,  with  all  the 
modern  improvements  for  the  convenience  and  comfort  of 
passengers,  and  shall  run  cars  thereon  during  the  dav  as 
often  as  every  ^y^  minutes,  except  as  to  Seventh  and  Four- 
teenth streets,  and  on  these  once  in  fifteen  minutes  each 
way,  and  until  twelve  o'clock  at  night  as  often  as  every 
half  hour;  and  throughout  day  and  night  as  much  oftener 
as  public  convenience  may  require. 

Sec.  10.  And  he  it  further  enacted,  That  said  company    * 
shall  procure  such  passenger  rooms,  ticket  offices,  stables,  eS? 
and  depots  at  such  points  as  the  business  of  the  railroad 
and  the  convenience  of  the  public  may  require.     And  thct  '^''*cks  be- 
said  company  is  hereby  authorized  to  lay  such  rails  through  aSd  de'Ute.**'^®'' 
transverse  or  other  streets  as  may  be  necessary  for  the 
exclusive  purpose  of  connecting  the  said  stables  and  depots 
with  the  main  tracks.     And  the  said  company  is  hereby    ^^^  *<>'  Re- 
authorized to  purchase  or  lease  such  lands  or  buildings  as 
may  be  necessary  for  the  passenger  rooms,  ticket  offices, 
stables,  and  depots  above  mentioned. 

Sec.  11.  And  he  it  further  enacted,  Th2ii  all  articles  of  ca^*'*^  ^^  *" 
value  that  may  be  inadvertently  left  in  any  of  the  cars  or 
other  vehicles  of  the  said  company  shall  be  taken  to  their 
principal  depot  and  entered  in  a  book  of  record  of  un- 
claimed goods,  which  book  shall  be  open  to  the  inspection 
ot  the  public  at  all  reasonable  hours  of  business. 

Sec.  12.  And  he  it  further  enacted,  Th2it^idLCovxiOTM.oii  TJseofroadby 
shall,  on  demand  of  the  President  of  the  United  States  ^^"""'^"*- 
Secretary  of  War,  or  Secretary  of  the  Navy,  cause  to  be 
transported  over  said  railway  any  freight  cars  laden  with 
freight  for  the  use  of  the  United  States;  the  officers  caus- 
ing such  service  to  be  done  shall  pay  a  reasonable  compen- 
sation therefor.  ^ 

Sec.  13.  And  he  it  further  enacted,  That  within  ^yq  days    Boofa  of  snb- 
arter  the  passage  of  this  act  the  corporators  named  in  the  ^^^p^^o^- 
hrst  section,  or  a  majority  of  them,  or  if  any  refuse  or  neglect 
to  act  then  a  majority  of  the  remainder,  shall  cause  books 
of  subscription  to  the  capital  stock  of  said  company  to  be 
opened  and  kept  open,  in  some  convenient  and  accessible 
place  m  the  city  of  Washington,  from  nine  o'clock  in  the 
torenoon  till  five  o'clock  in  the  afternoon,  for  a  period  to  be 
nxea  by  said  corporators,  not  less  than  two  days;  and  said 
corporators  shall  give  public  notice,  by  advertisement  in  Advertisement 
the  daily  papers  published  in  the  city  of  Washington,  of 
the  time  when  and  the  place  where  said  books  shall  be 
opened    and  subscribers  upon  said  books  to  the  capital 
stock  ottbB  company  shall  be  held  to  be  stockholders: 
^'^^^ed,  Ihat  every  subscriber  shall  pay  at  the  time  of    Payment  at 
subscribing  twenty-five  per  centum  of  tlie  amount  by  him  iJ?' '' '"^"*" 
suDscnbed  to  the  treasurer  appointed  by  the  corporators, 
or  his  subscription  shall  be  null  and  void.     If  at  the  end 


' 


i 


62 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


63 


Directors. 


1 1 


of  two  days  a  larger  amount  than  the  capital  stock  of  said 
company  shall  have  been  subscribed,  the  books  shall  be 
closed,  and  the  said  corporators  named  in  the  first  section 
^A^rtionmentgjjall  forthwith  proceed  to  apportion  said  capital  stock 
among  the  subscribers  pro  rata,  and  make  public  procla- 
mation of  the  number  of  shares  allotted  to  each,  which 
shall  be  done  and  completed  on  the  same  day  that  the  books 
are  closed :  Provided^  further^  That  nothing  shall  be  received 
in  payment  of  the  twenty-five  per  centum  at  the  time  of 
subscribing  except  money  or  checks  or  certificates  of  deposit 
endorsed  "  good"  by  the  president  or  cashier  of  some  good 
of  rtSJkhSweS*^  solvent  bank  or  banks.  And  when  the  books  of  subscrip- 
era.  ^^Qjj  ^  ^^  capital  stock  of  said  company  shall  be  closed, 
the  corporators  named  in  the  first  section,  or  a  majority  of 
them,  and  in  case  any  of  them  refuse  or  neglect  to  act,  then 
a  majority  of  the  remainder  shall,  within  twenty  days  there- 
after, call  the  first  meeting  of  the  stockholders  of  said  com- 
pany, to  meet  within  ten  days  thereafter,  for  the  choice  of 
directors,  of  which  public  notice  shall  be  given  for  five  days 
in  two  public  newspapers,  published  daily  in  the  city  of 
Washington,  or  by  written  personal  notice  to  each  stock- 
holder by  the  clerk  of  the  corporation;  and  in  all  meetings 
of  the  stockholders  each  share  shall  entitle  the  holder  to 
one  vote,  to  be  given  in  pei-son  or  by  proxy. 

Sec.  14.  Anabe  it  further  enacted^  Tliat  the  government 
and  direction  of  the  affairs  of  the  company  shall  be  vested 
in  the  board  of  directors,  seven  in  number,  who  shall  be 
stockholders,  and  who  shall  hold  their  office  for  one  year 
and  till  others  are  duly  elected  and  qualified  to  take  their 
places  as  directors;  and  the  said  directors  (a  majority  of 
whom,  the  president  being  one,  shall  be  a  quorum)  shall 
elect  one  of  their  number  to  be  president  of  the  board,  who 
shall  also  be  president  of  the  company;  and  they  shall  also 
choose  a  treasurer,  who  shall  give  bonds  with  surety  to 
said  companv,  in  such  sum  as  the  said  directors  may 
require,  for  the  faithful  discharge  of  his  trust.  In  case  of 
a  vacancy  in  the  board  of  directors  by  the  death,  resigna- 
tion, or  otherwise,  of  any  director,  the  vacancy  occasioned 
thereby  shall  be  filled  by  the  remaining  directors. 
^^y-iaw8.  rules.  Sec.  15.  And  he  it  further  enacted.  That  the  directors 
shall  have  full  power  to  make  and  prescribe  such  by-laws, 
rules,  and  regulations  as  they  shall  deem  needful  and 
proper  touching  the  disposition  and  management  of  the 
stock,  property,  estate,  and  effects  of  the  company,  not 
contrary  to  the  Charter,  or  to  the  laws  of  the  United 
States,  and  the  ordinances  of  the  cities  of  Washington  and 
♦  Georgetown. 

^nuai  meet-  gEC.  16.  And  he  it  further  enacted,  That  there  shall  be 
an  annual  meeting  of  the  stockholders  for  choice  of  direct- 
ors, to  be  holden  at  such  time  and  place,  under  such  con- 
ditions, and  upon  such  notice,  as  the  said  company  in  their 
by-laws  may  prescribe;  and  said  directors  shall  annually 
make  a  report  in  writing  of  their  doings  to  the  stockhold- 
ers and  to  Congress. 


Officers. 


Report. 


Sec.  17.  And  he  it  further  enacted.  That  the  Mayor,  Com-    Municipal  om- 
mon  Council,  and  the  several  officers  of  the  Corporation  stmctTcLi^ete!*" 
of  the  cities  of  Georgetown  and  Washington,  and  the  said 
Corporations  are  hereby  prohibited  from  doing  any  act  or 
thing  to  hinder,  delay,  or  obstruct  the  construction  or 
operation  of  said  railroad,  as  herein  authorized. 

Sec.  18.  ^^J^^'^/w/'^A^r^/zac^^^,  That  the  said  company  ^)f««  ^"^  <>* 
shall  have  at  all  times  the  free  and  uninterrupted  use  of  ^*^' 
their  road -way,  and  if  any  person  or  persons  shall  wilfully 
and  unnecessarily  obstruct  or  impede  the  passage  on  or 
over  said  railway,  or  any  part  thereof,  or  shall  injure  or 
destroy  the  cars,  depot  stations,  or  any  property  belonging 
to  said  railway  company,  the  person  or  persons  so  offenf 
ing  shall  forfeit  and  pay  for  every  such  offence  the  sum  of 
five  dollars  to  said  company,  and  shall  remain  liable,  in 
addition  to  said  penalty,  for  any  loss  or  damage  occasioned 
by  his,  her,  or  their  act,  as  aforesaid,  but  no  suit  shall  be 
brought  unless  commenced  within  sixty  days  after  such 
offence  shall  have  been  committed. 

Sec.  19.  And  he  it  further  enacted,  That  unless  said  cor-  T^^e  for  oom- 
poration  shall  make  and  complete  their  said  railways  ^^*'''^" 
between  the  Capitol  and  Georgetown  within  sixty  working 
days  from  and  after  the  company  shall  have  been  organ- 
ized, and  from  the  Capitol  to  the  Navy  Yard  within  sixty 
days  thereafter,  and  on  said  Seventh  street,  and  from  said 
Boundary  street,  on  Fourteenth  street,  to  the  point  of  inter- 
section as  aforesaid,  within  six  months  from  the  approval 
of  this  act,  then  this  act  shall  be  null  and  void  and  no  rights 
whatsoever  shall  be  acquired  under  it. 

Sec.  20.  And  he  it  further  enacted,  Thsit  all  &ct8  and  x)B.Tts   ^^?^^  o^  ^^ 
of  acts  heretofore  passed,  which  are  inconsistent  with  any  *''''^''^'''^*'''- 
of  the  provisions  of  this  act,  are,  for  the  purposes  of  this 
act,  hereby  repealed,  so  far  as  the  same  are  inconsistent 
herewith. 

Approved,  May  17,  1862. 


H 


AN  ACT  To  amend  the  charter  of  the  Washington  and  Georgetown    June  30. 1861 

Railroad  Company. 


Stat8.13,p.  322. 


^  /  ^r/^^^^^^  ^^  ^^  ^^^^^^  ^^^  Souse  of  Hepresentati^es 
+k  ^  vfr  ^^^^^^  States  of  America  in  Congress  assembled.  That    w-  a°d  o-  R-  R- 
the  Washington  and  Georgetown  Railroad  Company  shall  ^* 
nave  the  right  to  extend  their  horse  railway  on  any  public    Extension  of 
highway  in  the  county  of  Washington,  commencing  at  the  i«hs"S.  extend^ 
present  terminus  of  either  of  their  roads,  extending  north  ^• 
™m  7th  and  14th  streets,  and  from  the  Capitol  square  to 
Maryland  avenue;  and  extending  north  from  the  eastern 
^f  f^"l^*^'  of  that  avenue,  first  having  obtained  the  consent 
ot  the  Levy  court  therefor;  and  may  charge  additional  fare    Additional 

t    H  ^  ^/"^  ^^^  ®^®^^  ^^^'^^  ™^^^^  ^"  ^^^  branch  so  ex-  ^^• 
tenaed,  for  each  and  every  passenger  conveyed  upon  any 

road  constructed  in  said  county  of  Washington,  outside  of 
ine  lunits  of  the  cities  of  Washington  and  Georgetown: 


I 


) 


64 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 

•  Provided,  That  nothing  herein  contained  shall  be  construed 
so  as  to  prevent  Congress  from  regulating  the  fare  on  either 
of  said  roads,  or  altering  or  amending  the  original  charter 
of  said  company,  or  this  amendment  thereto,  according  to 
the  provisions  of  said  original  charter. 
Approved,  June  30,  1864. 


JtUy  8, 1870. 
Stats.  16,  p.  196. 


AN  ACT  To  provide  for  the  paving  of  Pennsylvania  avenue. 
*  *  *  *  » 


Sec.  S.  And  he  tt  further  enacted.  That  the  cost  of  laving 
w     .  .  ^  x>  ^^  ^^^^  pavement  shall  be  borne  and  paid  for  in  the  f ol- 
Co''toTa1r?eSafril?^}°^  pixjportions I  By  the  Washington  and  Georgetown 
l^l'^'peXS?!:,     ^''^^?  Company  for  that  portion  of  the  work  lying  be- 
nia  avenue."^      twecn  the  tracks  of  their  road,  and  for  a  distance  of  two 
feet  on  each  side  thereof;  *     *    *    The  said  railroad  com- 
l^ny  shall  have  the  right  to  select  the  material  with  which 
the  pavement  between  the  rails  and  between  the  tracks 
shall  be  made:  Provided,  That  the  said  pavement  on  said 
tracks  shall  be  made  to  the  satisfaction  of  the  commis- 
sioners. 

*  ♦  *  »  » 

Approved,  July  8,  1870. 


April  20, 1871. 
Stats.  17,  p.  10. 


Deficiency  act,  1871. 


That  the  sum  of  $10,000,  or  so  much  thereof  as  mav  be 
necessary,  is  hereby  appropriated,  for  the  purpose  of  re- 
pairing and  relaying,  where  necessary,  the  pavement  on 
Pennsylvania  avenue  from  15th  street  to  the  east  side  of 
Kock  creek:  Pro^mded,  That  a  like  sum  shall  be  expended 

W.andG.R.R  T.^*^^/^'?^  purpOSe  bv  the  proper  authorities  of  the  Dis- 
co, to  pay  certain  p^ct  ot  U)Iumbia:  And  provided  furthet\  That  the  Wash- 
a?f?L?fs;!:^°^°  and  Georgetown  Railroad  Company  shall  in  like 
vania  avenue,     manner  repair  such  portion  thereof  as  they  are  by  their 
charter  required  to  do;  the  work  to  be  done  under  the  su- 
pervision of  the  board  of  public  works  for  the  District  of 
Columbia. 


Approved,  April  20,  1871. 


May  8. 1872. 
Stats.  17,  p.  84. 


Legislative,  executive,  and  judicial  appropriation  act,  1873. 

*  *  m  M. 

*  *  *  » 


w.ndr  p  „  n  That  the  Washington  and  Georgetown  Eailroad 

Co''m°v^^',?o?elt^"^P^"^,anltl^e  Metropolitan  Railroad  (Tompany  be,  and 

itofa^rXr^^  J3  ^''?  ^^^t/  ^^fl^'^.r?  ^^  ^^^^^^  ^^^'^  tracks,  respec- 
tively, from  the  Capitol  grounds,  as  hereby  established, 
and  to  run  the  same  as  they  may  be  directed,  from  time  to 
time,  by  the  officer  m  charge  of  the  public  buildings  and 
grounds,  as  the  grading  and  filling  up  of  said  grounds  may 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 

render  necessary.     That  a  commission,  consisting  of  the 

Secretary  of  the  Interior,  the  chief  engineer  of  the  army, 

and  the  officer  in  charge  of  public  buildings  and  grounds, 

is  hereby  authorized  and  directed  to  examine  and  report  to 

Congress,  prior  to  the  second  Monday  of  December  next, 

a  plan  by  which  the  locomotive  railroad  track  in  front  of 

western  entrance  of  the  Capitol  shall  be  removed,  with  due 

regard  to  the  rights  of  all  parties  concerned,  and  by  which 

proper  connections  with  other  railroads  may  be  made. 
«  »  *  »  » 

Approved,  May  8,  1872. 


65 


Legislative,  executive,  and  judicial  appropriation  act,  1876. 


March  3, 1875. 


and  further,  that  the  Washington  and  George- 


stats.  18.  p.  385. 
_  _  W.andG.R.R. 

town  and  the  Metropolitan  Railway  Companies  are  directed  Scks  fromca^ 
to  take  up  such  portions  of  their  tracks  as  may  come  in  the  itoi  Grounds, 
way  of  the  improvement  of  the  Capitol  Grounds  and  relay 
the  same. as  may  be  directed  by  the  officers  in  charge  of 
the  improvements  of  the  Capitol  Grounds. 


* 


Approved,  March  3,  1875. 


Legislative,  executive,  and  judicial  appropriation  act,  1876.  March  3, 1875. 


*    *    *    And  provided  further,  That  the  chief  engineer   w^anJ^^^R^^* 
[of  the  Washington  Aqueduct]  is  hereby  directed  to  notify  co.must  remove 
the  Washington   and  Georgetown  Railway  Company  to  Aqueduct bridS 
remove  their  railway  track  from  the  Washington  Aque-®^®'^'^^^^^*- 
duct  bridge  over  Rock  Creek,  within  one  year  from  the 
date  of  said  notice;  and  said  company  shall  make  such 
removal  within  the  year  aforesaid,  and  have  the  right  to  ^J^f ^^jj*26th*f 
lay  their  tracks  along  26th  street  from  Pennsy Ivania  avenue  and  m  st. 
to  M  street  north,  and  thence  along  M  street  into  George- 
town, to  connect  with  their  tracks  on  Bridge  street;  and 
said  chief  engineer  may  establish  and  publish  regulations 
prohibiting  the  passage  of  heavily  loaded  wagons  and  car- 
riages over  said  bridge.     *    *    * 

Approved,  March  3,  1875. 


AN  ACT  To  amend  an  act  entitled  "An  act  to  incorporate  the  Wash"    March  3, 1875. 
ington  and  Georgetown  Kailroad  Company,"  approved  May  17,    stats.  18,  p. 6io. 
1872, 

Be  it  enacted  hy  the  Senate  and  Hovse  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That 
the  Washington  and  Georgetown  Railroad  Company  mayjj^-^j*"'*  ^-  *• 
extend  its  tracks  in  Washington  City,  District  of  Colum-    Extension  of 
bia,  from  7th  street  west,  down  Water  street,  to  the  inter-  ^''*^^' 
section  of  P  street  south;  thence  alon^  said  P  street  to  the 
west  side  of  the  Arsenal  gate:  Provided,  That  wherever 

16400—05 5 


li 


I 


I 


■  I 


k 


66 


LAW8   BELATING   TO   8TEEET-BAILWAY   FRANCHISES. 


^^iii^fonVeVi^}^  foregoinff  route  may  coincide  with  the  route  of  the 
Anacostia  and  Anacostia  and  Potomac  River  Railroad,  on  Water  street  or 
Potomac  River  elsewhere  in  the  District,  or  connect  portions  of  such  route, 
but  one  set  of  tracks  shall  be  used  by  both  companies; 
which  are  hereby  authorized  and  empowered  to  use  such 
tracks  in  common,  upon  such  fair  and  equitable  terms  as 
^enns  of  joint  may  be  agreed  upon  by  said  companies;  and  in  the  event 
the  said  companies  fail  to  agree  upon  satisfactory  terms, 
either  of  said  companies  may  apply  by  petition  to  the 
supreme  court  of  the  District  of  Columbia,  which  shall  pro- 
vide for  proper  notice  to  and  hearing  of  all  parties  inter- 
ested, and  shall  have  power  to  determine  the  terms  and 
conditions  upon  which,  and  the  regulations  under  which, 
the  company  hereby  incorporated  shall  be  entitled  so  to  use 
and  enjoy  the  tracks  of  such  other  street  railroad  company, 
and  the  amount  and  manner  of  compensation  to  be  paid 
coS^onTo^  ^^^^'^^\^^^^- ,^nd provicUdfnrther,  That  neither  of  the  com- 
uaed.  panics  using  such  track  in  common  shall  be  permitted  to 

make  the  track  so  used  in  common  the  depot  or  general 
stopping  place  to  await  passengers,  but  shall  only  be  enti- 
tled to  use  the  same  for  the  ordinary  passage  of  their  cars 
with  the  ordinary  halts  for  the  taking  up  and  dropping  of 
mssengers:  And  provided  further.  That  said  railroad  track 
Grade  of  track,  shall  conform  to  the  grade  established  by  the  board  of  public 
works  of  the  District  of  Columbia. 
Approved,  March  3,  1875. 


AN  ACT  Authorizing  the  repavement  of  Pennsylvania  avenue. 
*  *  *  *  * 


July  19, 1876. 
Stats.  19,  p.  92. 

R.^o.*haii%?e  ,  ^^^  Washington  and  Georgetown  Railroad  Companv 
irf^£l>?lll?^^^*  ^^f  •  ^"  ^1**^^  expense  for  the  portion  of  the  work 
road.  lying  between  the  extenor  rails  of  the  tracks  of  the  road 

and  for  a  distance  of  two  feet  from  and  exterior  to  the  track 
on  each  side  thereof,  and  of  keeping  the  same  in  repair- 
but  the  said  railroad  company,  having  conformed  to  the 
srrade  established  hv  fViA  fVinTm*aQirk«rir.o   mo^  .,r,^  ^^uui„ 


b&^neTr  S^I^/^^^  esteblished  by  the  Commissioners,  may  use  cobble- 

, stone  or  Belgian  rock  in  paving  their  tracks,  or  the  space 

between  their  tracks,  as  the  Commissioners  shall  direct. 


gianrock. 


Approved,  July  19,  1876. 


August  6, 1890. 
Stats.  26,  p.  310. 


District  appropriation  act,  1891. 


R-V"^  ^'  ^'    .^?^/  3.  That  any  street  railroad  company  in  the  District 

tiv?*S>^ef  Sty  u   ^^i!"*"^^^  authorized  to  run  cars  drawn  by  horses,  which 

Increase  issue  of  |?*s  changed  or  may  change  its  motive  power  on  any  of  its 

«tock.  lines  now  constructed,  to  cable  or  electricity,  or  change  its 

rails  in  accordance  with  the  provisions  of  law,  shall  have 

the  right  to  issue  and  sell,  at  the  market  price  thereof,  stock 

of  said  company  to  an  amount  necessary  to  cover  the  cost 


LA-vrS   RELATING    TO   STREET-RAILWAY   FRANCHISES. 


67 


of  making  said  changes,  the  cost  of  said  changes  and  the 
amount  of  said  stock  sold,  together  with  the  price  per  share, 
to  be  fully  set  forth,  under  the  oath  of  the  President  of  said 
Company,  and  filed  with  the  Commissioners  of  the  District. 
And  any  company  availing  itself  of  the  privileges  herein 
granted  shall  within  two  years,  wholly  dispense  with  horses    Must  dispense 
as  motive  power  on  all  portions  of  its  line  and  substitute  J^JJ^y^^^  ^° 
therefor  the  power  proviaed  for  in  the  act  making  appropria- 
tions for  the  expenses  of  the  District  of  Columbia,  approved 
March  second,  eighteen  hundred  and  eighty-nine,  or  pneu- 
matic or  other  modern  motive  power  which  shall  be  approved    Motive  power, 
by  the  Commissioners  of  the  District  of  Columbia,  but  noth- 
ing in  this  act  contained  shall  in  any  wise  authorize  the  use 
of  overhead  appliances:  Provided.,  That  if  any  such  company 
operating  a  line  or  lines  of  street  railroad  from  Georgetown  certain  linesre- 
or  West  Washington  to  and  beyond  the  Capitol  grounds  ^JJI?.^^*'*"^® 
shall  fail  to  substitute  for  horse  power  the  power  herein  pro- 
vided for  on  all  its  lines  within  two  years  from  the  date  of 
this  act,  such  company  shall  forfeit  its  corporate  franchise. 

Approved,  August  6,  1890. 


j'     I 


Deficiency  act,  1891.  March  3, 1891. 

*  »  •  *  *  Stats.26,p.869. 

To  the  Washington  and  Georgetown  Railroad  Company,  w.  and  g.  r.r. 
three  hundred  and  thirty-three  dollars  and  fifteen  cents  Sii  judgment?' 
costs;  and  the  Washington  and  Georgetown  Railroad 
Company,  of  the  District  of  Columbia,  shall  pay  to  the 
District  of  Columbia,  within  eighteen  months  from  the 
approval  of  this  act,  the  full  amount  of  the  judgment  that 
was  rendered  against  the  said  company  by  the  supreme 
court  of  the  District  of  Columbia  at  the  suit  of  the  said 
District,  in  cause  numbeV  twenty-two  thousand  four  hun- 
dred and  fifty-seven,  at  law,  on  the  dockets  of  said  court, 
with  the  cost  of  said  cause  and  interest  on  said  amount 
from  the  date  said  judgment  was  rendered  until  paid,  and 
that  upon  the  failure  of  the  said  company  so  to  pay  said 
amount,  costs,  and  interest  within  the  time  aforesaid,  the 
charter  of  the  said  company  shall  become  forfeit,  and  all 
its  rights,  privileges,  and  franchises  as  a  body  corporate 
shall  cease  and  determine:    *    *    * 

Approved,  March  3,  1891. 


Distiict  appropriation  act,  1893. 
*  »  * 


July  14, 1892. 
Stats.  27,  p.  168. 


Care  of  Bridges:  For  ordinary  care  of  bridges,  includ- 
ing keepers,  oil,  lamps,  and  matches,  five  thousand  dollars; 
for  construction  and  repairs  of  bridges,  fourteen  thousand 
dollars;  in  all,  nineteen  thousand  dollars.     That  the  Wash-    w.ando.R.R. 
ington  and    Georgetown  Railroad  Company  is  hereby  SreeWriS( 
required  to  repair  the  bridge  across  Rock  Creek  at  M  street 


ir  M 
ge. 


68 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES. 

northwest  at  a  cost  not  exceeding  ten  thousand  dollars, 
said  repairs  to  be  made  under  the  direction  of  the  Engi- 
neer Commissioner  of  the  District  of  Columbia  and  in 
accordance  with  plans  and  specifications  to  be  prepared  by 
him.     *    *    * 

Approved,  July  14,  1892. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


69 


Angust23,i894.  AN  ACT  To  amend  an  act  entitled  "An  act  to  incorporate  the  Wash- 
stats.  28,  p.  492.  ington  and  Great  Falls  Electric  Railway. 

♦     .  ♦  ♦  ♦  * 

co^'lhSi®  Md  ^^^'  ^'  "^^^^  ^^  o^^^r  to  accommodate  the  street  railway 
FeV^^s'taUon*^^^^^  ^^^^  °^?^  Converge  at  or  near  the  Aqueduct  bridge, 
near  Aqueduct  un<ier  authority  granted  or  to  be  granted  by  Congress,  a 
bridge.  passenger  station  is  hereby  authorized.     Such  station  shall 

have  ample  provision  for  the  saf e,convenient,and  comforta- 
ble transfer  of  passengers  to  and  from  the  cars  of  the  street 
railways  using  the  same.  All  plans  for  such  station  and 
its  necessary  approaches  shall  be  subject  to  the  written 
shSTr'SSuu  SPP^^X^^  ^^  ^^^  Commissioners  of  the  District  of  Columbia, 
use  of.  The  said  Commissioners  shall  have  the  power  to  settle  any 

differences  which  may  arise  between  the  companies  using 
the  said  station  as  to  compensation  or  rentals  or  as  to  the 
necessary  regulations  for  the  control  of  said  station.    The 
said  passenger  station  shall  be  constructed  and  maintained 
as  a  union  passenger  station,  for  the  use  of  street  railways 
only,  by  the  Washington  and  Georgetown  Railway  Com- 
y^nd  for  sta-  pany.     Said  station  shall  be  located  on  land  already  owned 
or  hereafter  to  be  acquired  by  the  aforesaid  company,  which 
land  shall  be  bounded  on  the  north  by  Prospect  street,  on 
the  east  by  a  line  drawn  not  less  than  one  hundred  and 
twenty  feet  west  on  the  west  line  of  Thirty-fifth  street,  on 
the  south  by  M  street,  and  on -the  west  by  Thirty-sixth 
pSn.'*''  ''''"'*  ^l^^^^  northwest.     Within  one  year  from  the  approval  of 
this  Act  the  said  Washington  and  Georgetown  Railway 
Company  shall  complete  the  said  station  and  shall  extend 
its  tracks  on  M  street  northwest  to  a  point  not  less  than 
one  hundred  and  twenty  feet  west  of  Thirty-fifth  street 
and  thence  into  said  station;  and  thereafter  the  said  com- 
pany shall  cease  entirely  to  switch  cars  on  M  street 
northwest. 

*  ♦  *  *  » 

Approved,  August  23,  1894. 


June  23, 1888.    AN  ACT  To  incorporate  the  Eock  Creek  Railway  Company  of  the  Dis- 


trict  of  Columbia.     ( Now  the  Capital  Traction  Co. ) « 


Stats.  25,  p.  199. 

R^iway  compa^     ^^  ^^  enacted  hy  the  Sefimte  and  House  of  Bej)rese7itatives 
fLleni^^^^^/f^^^  ^^^^^^^^(^^^^  of  America  in  Congress  assemhled.  That 
Gardiner  G.  Hubbard,  George  Truesdell,  Samuel  W.  Wood- 
ward, Otis  F.  Presbrey,  John  F.  Waggaraan,  Benjamin  K. 

a  Merged  into  the  Capital  Traction  Company,  under  authority  of  act 
of  Congress  approved,  March  1,  1895. 


Plain,  John  Ridout,  Albert  F.  Stevens,  Le  Roy  Tuttle,  Law- 
rence Sands,  Edward  C.  Dean,  James  B.  Wimer,  Samuel  S. 
Shedd,  Le  Roy  Tuttle,  junior,  Robert  J.  Fisher,  junior,  and 
Pitman  Mann,  and  their  associates,  successors,  and  assigns, 
be,  and  they  are  hereby,  created  a  body  corporate  and  politic 
under  the  name  of  the  Rock  Creek  Railway  Company  of 
the  District  of  Columbia,  and  may  make  and  use  a  com- 
mon seal,  and  by  that  name  sue  and  be  sued,  plead  and  be 
impleaded,  with  authority  to  construct  and  lay  down  a  sin- 
gle or  double  track  railway,  with  the  necessary  switches, 
turn-outs,  and  other  mechanical  devices,  and  sewer  connec- 
tions necessary  to  operate  the  same,  by  horse,  cable,  or  elec- 
tric power,  in  the  District  of  Columbia,  through  and  along 
the  following  streets,  avenues,  and  roads;  Beginning  ioY  ^^^^^^^^^^ 
the  main  line  of  said  road  at  the  intersection  of  Connecti- 
cut avenue  and  Boundary  street;  thence  along  the  middle 
of  Columbia  Road  to  Wood  ley  Road;  thence  along  Wood- 
ley  Road  by  single  track  on  west  side  thereof  to  W  oodley 
Park;  thence  diverging  from  Woodley  Road  through  said 
park  by  such  route  as  maybe  satisfactory  to  the  owners  of 
said  park,  and  subject  to  the  approval  of  the  Commission- 
ers of  the  District  of  Columbia,  to  the  westerly  line  of  said 
park,  and  returning  by  the  aforesaid  route  through  Wood- 
ley  Park  to  the  intersection  of  Woodley  Road  and  Connec- 
ticut avenue  extended;  thence  along  Connecticut  avenue 
extended  to  California  avenue,  formerly  Oakland  avenue; 
thence  along  California  avenue  to  its  intersection  with  Co- 
lumbia Road,  and  thence  along  Columbia  Road  to  the  place 
of  beginning;  also  with  the  privilege  of  building  and  con- 
structing a  branch  of  said  road  from  the  westerly  line  of  said 
Woodley  Park  near  Woodley  Road  to  its  intersection  with 
the  Tenallytown  Road,  returning  over  the  same  route  and 
connecting  at  said  westerly  line  of  Woodle}^  Park  with  the 
main  line  of  said  road.  Said  company  shall  receive  a  rate 
of  fare  not  exceeding  five  cents  for  each  passenger  for  each 
continuous  ride  between  all  points  of  its  main  and  branch 
lines,  but  shall  sell  tickets  in  packages  of  six  each  for  not 
exceeding  twenty-five  cents  per  package.  Said  railway 
shall  be  constructed  of  good  materials  and  in  a  substantial 
manner,  with  the  rails  of  American  manufacture  and  of 
the  most  approved  patterns,  subject  to  approval  by  the 
Commissioners,  laid  upon  an  even  surface  with  the  pave- 
ment of  the  street  or  road,  imbedded  in  concrete  where  the 
same  passes  over  the  surface  of  the  paved  streets  of  the 
District  of  Columbia,  with  the  gauge  to  be  approved  by 
the  Commissioners  of  the  District  of  Columbia.  The  track 
of  said  railway,  the  space  between  the  tracks,  and  two  feet 
beyond  the  outer  rails  thereof,  which  this  franchise  is 
intended  to  cover,  shall  be  at  all  times  kept  b}^  said  cor- 
poration in  good  repair,  at  its  own  expense,  and  subject 
to  the  approval  of  the  Commissioners  aforesaid;  and  if 
the  corporation  shall  fail  to  make  the  necessary  repairs 
within  ten  days  after  notice  by  the  Commissioners  of  the 
District  of  Columbia,  the  repairs  shall  be  made  by  the 


ii: 


»■■    ! 


L'' 


Fare. 


Construction. 


Paving. 


?'- 


Repaiis. 


u 


70  LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 

said  Commissioners,  and  the  cost  of  such  repairs  be  recov- 
ered by  the  Commissioners  before  any  court  of  competent 
jurisdiction,  and  the  amount  so  paid  by  the  Commissioners 
shall  be  a  lien  upon  all  property  of  said  company  from  the 
time  that  said  repairs  are  made  until  paid  by  said  company. 
It  shall  be  lawful  for  said  corporation,  its  successors  or  as- 
Motive  power,  signs,  to  operate  its  said  road  by  horse,  cable,  or  electric 
power,  and  to  make  all  needful  and  convenient  trenches  and 
excavations  and  sewer  connections  in  anv  of  said  streets 
.     roads,  or  places  where  said  corporation  may  have  the  right 
to  construct  and  operate  its  road,  and  to  place  in  such 
trenches  and  excavations  all  the  needful  and  convenient 
devices  and  machinery  for  operating  said  railroad  in  the 
manner  and  by  the  means  aforesaid;  and  said  sewer  con- 
nections shall  have  such  traps  or  other  devices  as  may  be 
required  by  the  Commissioners.     It  shall  also  be  lawful 
tor  said  corporation,  its  successors  or  assigns,  to  erect  and 
maintain,  at  such  convenient  and  suitable  points  along  its 
lines  as  may  seem  most  desirable  to  the  board  of  direct- 
Engine  houses  n^  ""^  ^^'^  corpoi-ation  and  subject  to  the  approval  of  the 
^^jaigine houses.  Commissioners  of  the  District,  an  engine  house  or  houses 
boiler  house  or  houses,  and  all  other  buildings  necessary  for 
the  successful  operation  of  a  cable  or  electric  motor  rail- 
speed.  road.     The  rate  of  speed  on  said  road  shall  not  exceed  fif- 

teen nailes  an  hour.  The  work  upon  the  main  line  of  said 
menran/ Soml^^^?,  ^^^^^  ^^  Commenced  within  ninety  days  and  the  same 
pietion.  snail  be  completed  within  one  year  from  the  date  of  the 

passage  of  this  act,  and  the  work  upon  the  branch  line 
thereof  shall  be  commenced  within  one  year  and  completed 
within  two  years  from  the  said  date;  and  if  the  said  work 
on  the  main  line  of  said  road  shall  not  be  so  commenced  and 
completed,  then  the  privileges  and  powers  herein  granted 
to  said  corporation  shall  be  void.  The  corporators  herein 
named  or  the  corporation  hereby  created  shall  not  sell  or 
assign  any  of  the  rights  hereby  conferred  relating  to  the 
line  ot  said  road  until  after  the  main  road  hereby  authorized 
shall  have  been  constructed  as  herein  provided 
capital  stock.  Sec  2.  That  the  capital  stock  of  said  company  shall  not 
exceed,  it  horse-power  is  to  be  used  for  main  line,  thirty-two 
thousand  dollars,  which  may  be  increased  when  work  is 
commenced  on  the  branch  eleven  thousand  dollars  If 
electric-motor  power  is  to  be  used,  the  capital  stock  for  the 
^4?^^  J^^f  ^^^  exceed  sixty  thousand  two  hundred  and 

nfty  dollars,  which  may  be  increased  when  work  is  com- 
menced on  the  branch  twenty  thousand  dollars.  If  cable 
power  is  to  be  used,  the  capitol  stock  for  the  main  line  shall 
not  exceed  one  hundred  and  twenty-two  thousand  dollars 
which  may  be  increased  when  work  is  commenced  on  the 
branch  forty  thousand  dollars,  in  shares  of  fifty  dollars 
each.  Said  company  shall  require  the  subscribers  to  the 
capitol  stock  to  pay  in  cash,  to  the  treasurer  appointed  bv 
Subscriptions,  the  coiporators,  the  amounts  severally  subscribed  by  them 
as  follows,  namely:  Ten  per  centum  at  the  time  of  subscrib- 
ing and  twenty  per  centum  each  thirty  days  thereafter  until 


LAWS    RELATING   TO   STREET-RAILWAY   FRANCHISES. 


71 


Cars,  etc. 


fifty  per  centum  thereof  shall  have  been  paid,  the  balance 
of  such  subscription  to  be  paid  at  such  times  and  in  such 
amounts  as  the  board  of  directors  may  require;  and  no  sub- 
scription shall  be  deemed  valid  unless  ten  per  centum  thereof 
shall  be  paid  at  the  time  of  subscribing,  as  hereinbefore  pro- 
vided; and  if  any  stockholder  shall  refuse  or  neglect  to  pay 
any  installments  as  aforesaid,  or  as  required  by  a  resolution 
of  the  board  of  directors  after  ten  days  notice,  in  writing,  of 
the  same,  the  said  board  of  directors  may  sell  at  public  auc- 
tion, to  the  highest  bidder,  so  many  shares  of  his  stock  as 
shall  pay  said  installments  (and  the  person  who  offers  to  pur- 
chase the  least  number  of  shares  for  the  assessment  due), 
shall  be  taken  as  the  highest  bidder,  and  the  sale  shall  be 
conducted  according  to  such  general  regulations  as  may 
be  adopted  in  the  by-laws  of  said  company;  but  no  stock 
shall  be  sold  for  less  than  the  total  assessments  due  and 
payable;  or  said  body  may  sue  and  collect  the  same  from 
any  delinquent  subscriber  in  any  court  of  competent  juris- 
diction. The  said  company  shall  place  first-class  cars  on  Equipment 
said  railways,  with  all  modern  improvements  necessary 
to  the  convenience  and  comfort  of  passengers,  and  shall 
run  cars  thereon  as  often  as  the  public  convenience  may 
require,  in  accordance  with  a  schedule  or  time-table  to  be 
adopted  by  said  board  of  directors,  a  copy  of  which  shall 
be  filed  with  the  Commissioners  of  the  District  of  Colum- 
bia, and  to  be  approved  by  them,  and  shall  not  take  on 
any  of  its  cars  more  passengers  than  can  be  accommo- 
dated, and  shall  cause  its  cars  to  be  heated  during  the 
winter  season,  subject  to  regulations  to  be  prescribed  by 
the  Commissioners  of  the  District  of  Columbia.  The  said 
company  shall  bu}^  lease,  or  construct  passenger-rooms, 
ticket-oflSces,  workshops,  depots,  lands,  and  buildings  as 
they  may  deem  necessary,  at  such  points  along  its  line 
as  may  be  approved  by  the  Commissioners  of  the  District, 
and  as  the  business  of  the  railway  and  the  convenience  of 
the  public  may  require.  Within  thirty  days  after  the 
passage  of  this  act,  the  corporators  named  in  the  first 
section,  and  their  associates,  successors  or  assigns,  or  a 
majority  of  them,  or  if  any  refuse  or  neglect  to  act  then  a 
majority  of  the  remainder,  shall  cause  books  of  subscrip- g^gjuon  °'  ^*** 
tion  to  the  capital  stock  of  said  company  to  be  opened  and 
kept  open  in  some  convenient  and  accessible  place  in  the 
District  of  Columbia,  from  nine  o'clock  in  the  ^renoon  till 
four  o'clock  in  the  afternoon,  for  a  period  to  be  fixed  by 
said  corporators,  not  less  than  ten  days  (unless  the  whole 
stock  shall  be  sooner  subscribed)  and  said  corporators  shall 
give  public  notice,  by  advertisement  in  the  daily  papers 
published  in  the  city  of  Washington,  of  the  time  when  and 
the  plac^  where  said  books  shall  be  opened;  and  subscribers 
upon  said  books  to  the  capital  stock  of  the  company  shall  be 
held  to  be  stockholders:  Provided^  That  every  subscriber  vA^™tf  °*  ^^ 
shall  pay,  at  the  time  of  subscribing,  ten  per  centum  of  the ""  ^  °°** 
amount  by  him  subscribed,  to  the  treasurer  appointed  by 
the  corporators,  or  his  subscription  shall  be  nuU  and  void; 


Passenger 
rooms,  etc. 


*/ 


f^ 


8  '' 


i 


I 


It 


i  I 


ill 


72  LAWS   EELATING-TO   8TEEET-EAILWAY   FRANCHISES. 

Provided  further.  That  nothing  shall  be  received  in  pay- 
ment of  the  ten  per  centum  at  the  time  of  subscribing 
except  lawful  mone3\  And  when  the  books  of  subscription 
to  the  capital  stock  of  said  company  shall  be  closed,  the 
corporators  named  in  the  first  section,  their  associates, 
successors,  or  assigns,  or  a  majority  of  them,  and  in  case 
any  of  them  refuse  or  neglect  to  act,  then  a  majority  of 
the  remainder,  shall,  withm  ten  days  thereafter,  call  the 
first  meeting  of  the  stockholders  of  said  company,  to  meet 
within  ten  dfays  thereafter,  for  the  choice  of  directors,  of 
which  public  notice  shall  be  given  for  seven  days  in  two 
newspapers  published  daily  in  the  city  of  Washington,  and 
by  written  personal  notice  to  be  mailed  to  the  address  of 
each  stockholder  by  the  clerk  of  the  corporation;  and  in 
all  meetings  of  the  stockholders  each  share  shall  entitle  the 
holder  to  one  vote,  to  be  given  in  person  or  by  proxy. 
Directors.  Sec.  3.  That  the  government  and  direction  of  the  oflScers 

of  the  company  shall  be  vested  in  the  board  of  seven 
directors,  who  shall  be  stockholders  of  record,  and  who 
shall  hold  their  oflSce  for  one  vear,  and  until  their  succes- 
sors are  duly  selected  and  qualified;  and  the  said  direct- 
ors, a  majority  of  whom  shall  be  a  quorum,  shall  select 
one  of  their  number  to  be  president  of  the  board,  who 
shall  be  the  president  of  the  company;  and  they  shall  also 
choose  a  vice-president,  a  secretary,  and  a  treasurer,  the 
latter  of  whom  shall  give  a  bond,  with  surety,  to  said  com- 
panv  in  such  sum  as  the  said  directors  may  require  for  the 
faithful  discharge  of  his  trust.     In  case  of  a  vacancy  in  the 
board  of  directors,  by  death,  resignation,  or  otherwise,  of 
any  director,  it  shall  be  filled  by  the  remaining  directors 
by  a  majority  vote  of  a  quorum  thereof.   The  directors  shall 
have  power  to  make  and  prescribe  such  by-laws,  rules,  and 
regulations  as  they  shall  deem  needful  and  proper  touch- 
ing the  disposition  and  management  of  the  stock,  property, 
estate,  and  effects  of  the  company,  and  require  bond  and 
security  of  any  of  its  officers  other  than  those  herein  speci- 
fied, not  contrary  to  the  charter,  or  to  the  laws  of  the 
United  States  and  the  laws  and  ordinances  of  the  District 
oMeS:  *^  '""^^  Columbia:  Provided,  That  said  board  of  directors  shall 
not  have  the  power  to  sell  or  lease  the  said  road,  or  any 
part  thereof,  or  to  purchase  or  lease  any  other  street  rail- 
road, or  any  part  thereof,  without  first  obtaining  the  writ- 
ten consent  of  two-thirds  of  said  stockholders  and  of  the 
P«>viso.         Commissioners  of  the  District  of  Columbia :  Provided,  That 
said  company  shall  have  no  power  to  sell  or  lease  the  said 
road  or  any  part  thereof  until  after  the  main  line  has  been 
Annual  meet-  constructed  and  operated.     There  shall  be  an  annual  meet- 
ing of  the  stockholders  for  choice  of  directors,  to  be  held 
at  such  time  and  place,  under  such  conditions  and  upon 
such  notice  as  the  said  company  in  their  by-laws  may  pre- 
scribe; and  said  directors  shall  annually  make  a  report  in 
rddway "'^  ""^  Writing  of  their  doings  to  the  stockholders.    The  said  com- 
imny  shall  have  at  all  times  the  free  and  uninterrupted  use 
of  its  roadway;  and  if  any  person  or  persons  shall  willfully 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES. 


73 


cars. 


and  mischievously  and  unnecessarily,  obstruct  or  impede 
the  passage  of  the  cars  of  said  railway  with  a  vehicle  or 
vehicles,  or  otherwise  or  in  any  manner  molest  or  interfere 
with  passengers  or  operatives  while  in  transit,  or  destroy 
or  injure  the  motive  powers  of  said  railway,  or  depots, 
stations  or  other  property  belonging  to  said  railway,  the 
person  or  persons  so  offending  shall  forfeit  and  pay  for 
each  offense  not  less  than  twenty-five  nor  more  tnan  one 
hundred  dollars,  to  be  recovered  as  other  fines  and  penal- 
ties in  said  District,  and  shall  in  addition  to  said  penalty, 
be  liable  to  said  company,  for  any  loss  or  damage  occa- 
sioned by  his,  her,  or  their  acts  as  aforesaid.  No  person  Ejection  from 
shall  be  prohibited  the  right  to  travel  on  the  cars  of  said 
road,  or  be  ejected  therefrom  by  the  company's  employees, 
for  any  other  cause  than  that  of  being  drunk,  disorderly, 
or  contagiously  diseased,  for  the  use  of  obscene  and  profane 
language,  refusing  to  pay  the  legal  fare,  or  a  failure  to 
comply  with  the  lawful  regulations  of  the  company.  The 
principal  offices  of  said  company  shall  be  situated  in  the 
District  of  Columbia,  and  all  books  and  papers  relating  to 
the  business  of  said  company  shall  be  kept  thereat  and 
open  at  all  times  to  the  inspection  of  the  stockholders. 
The  meeting  of  stockholders  and  directors  shall  be  held  at 
said  office.  The  book  in  which  transfers  of  stock  shall  be 
recorded  shall  be  closed  for  the  purpose  of  such  transfer 
thirty  da^^s  before  the  annual  election. 

Sec.  4.  The  said  Rock  Creek  Railway  Company  shall,  on 
or  before  the  fifteenth  day  of  January  of  each  year,  make 
a  report  to  Congress  of  the  names  of  all  the  stockholders 
therein  and  the  amount  of  stock  held  by  each,  together 
with  a  detailed  statement  of  the  receipts  and  expenditures, 
from  whatever  source  and  on  whatever  account,  for  the 
preceding  year  ending  December  the  thirty  first,  which 
report  shall  be  verified  by  the  affidavit  of  the  president  and 
secretary  of  said  company;  and  if  the  said  report  is  not 
made  at  the  time  specified,  or  within  ten  days  thereafter,  it 
shall  be  the  duty  of  the  Commissioners  to  cause  proceed- 
ings to  be  instituted  to  forfeit  this  charter;  and  said  com- 
pany shall  pay  to  the  District  of  Columbia,  as  taxes  for  each 
year,  four  per  centum  of  its  gross  earnings  for  the  preced- 
ing year  as  shown  by  said  verified  statement,  which  amount 
shall  be  payable  to  the  collector  of  taxes  at  the  times  and 
in  the  manner  that  other  taxes  are  now  due  and  payable, 
and  subject  to  the  same  penalties  on  arrears;  and  the  fran- 
chise and  property  of  said  company,  both  real  and  personal, 
to  a  sufficient  amount,  may  be  seized  and  sold  in  satisfac- 
tion thereof,  as  now  provided  by  law  for  the  sale  of  other 
property  for  taxes;  and  said  per  centum  of  its  gross  earn- 
ings shall  be  in  lieu  of  all  other  assessments  of  taxes  of 
whatsoever  character  upon  its  personal  property,  but  the 
real  estate  of  the  company  shall  be  taxed  as  other  real 
estate  in  the  District,  provided  that  the  tracks  of  the  com- 
pany shall  not  be  taxed  as  real  estate. 


Annual  report. 


Taxes. 


i 


'} 


H 


»  '1 


74  LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


LAWS    RELATING   TO   STREET-RAILWAY   FRANCHISES. 


75 


Articles  left  in 
cars. 


n 


n 


Amendment. 


Sec.  5.  That  all  articles  of  value  that  may  be  inadver- 
tently left  in  any  of  the  cars  or  other  vehicles  of  the  said 
company  shall  be  taken  to  its  principal. depot  and  entered 
m  a  book  of  record  of  unclaimed  goods,  which  shall  be  open 
to  the  mspection  of  the  public;  but  when  such  property 
has  been  unclaimed  for  one  year  the  company  may  sell  the 
same. 

Sec.  6.  Congress  reserves  the  right  to  alter,  amend,  or 
repeal  this  act  at  any  time. 

Received  by  the  President  June  12,  1888. 

m 

[Note  by  the  Department  of  State.— The  foregoing 
act  havmg  been  presented  to  the  President  of  the  United 
btates  for  his  approval,  and  not  having  been  returned  by 
him  to  the  house  of  Congress  in  which  it  originated  within 
the  time  prescribed  by  the  Constitution  of  the  United  States, 
has  become  a  law  without  his  approval.] 


route. 


Route. 


Bridge. 


^^^^'^^^-    AN  ACT  To  change  the  route  of  the  Rock  Creek  Railway  Company 
stats.  26,  p.  121.  and  for  Other  purposes. 

p     1,  r.      .,   J?z^  it  enacted  ly  the  Seriate  and  Houseof  Representatives 
R^co    ^'^^^%tf^e^^'^^ted  States  of  Americain  Can  qr  ess  assembled.  That 

Change    of  the  charter  of  the  Kock  Creek  Railway  Company  be,  and 
the  same  is  hereby,  amended  so  as  to  authorize  said  com- 
pany to  lay  Its  tracks  and  to  run  its  cars  thereon,  through 
and  along  the  following-named  streets,  avenues,  and  places- 
Commencing  at  the  intersection  of  Connecticut  and  Florida 
avenues;  thence  easterly  along  Florida  avenue  formerly 
known  as  Boundary  street,  to  Eighteenth  street;  thence 
northerly  along  Eighteenth  street  to  Columbia  road;  thence 
westerly  crossing  Columbia  road  and  extending  through 
the  Cliffbourne  tract,  to  Rock  Creek,  on  such  line  as  shall 
be  approved  by  the  Commissioners  of  the    District  of 
Columbia;  thence  crossing  Rock  Creek  on  a  substantial, 
elevated  iron  bridge  to  be  erected  bv  said  company  at  its 
own  expense  and  approved  by  said  Commissioners,  which 
shall  be  a  thoroughfare  open  to  the  public,  not  less  than 
Mty  feet  wide,  including  sidewalks;  thence  northwesterlv 
through  W  oodley  Park  to  a  point  near  Woodley  road  in 
Connecticut  avenue  extended,  on  such   line  as  shall  be 
approved  by  the  Commissioners  of  the  District  of  Columbia  • 
thence  northerly  along  Connecticut  avenue  extended  to  the 
north  line  of  the  District  of  Columbia;  also  commencing  at 
the  intersection  of  Eighteenth  and  U  streets  northwest- 
thence  east,  following  U  street  to  Fourteenth  street  west:' 

Skifptrack.,  f^ovided,  That  the  said  company,  at  its  own  expense,  shall 

..well  paved,  keep  its  said  tracks  withm  the  city  limits  and  on  Florida 
avenue  and  Eighteenth  street  to  Columbia  road,  and  for 
the  space  of  two  feet  beyond  the  outer  rails  thereof  and 
also  the  space  between  the  rails  and  tracks,  at  all  times 
well  paved  with  asphalt,  or  such  other  pavement  as  the 


Proviso 

To 
etc 
etc. 


Commissioners  of  the  District  of  Columbia  shall  approve, 
and  keep  the  same  in  good  repair;  and  if  said  company    incaseoffaii- 
shall  fail  to  pave  or  repair  the  said  streets  in  the  manner  g^^'jjjP\«^,\^jJJ 
aforesaid  the  Commissioners  of  the  District  of  Columbia  to  pave,  etc.,  at 
shall  cause  the  same  to  be  paved  or  repaired  as  aforesaid,  ^°™P*^y'«  ^^^^ 
and  the  cost  of  such  paving  shall  be  recovered  by  the 
Commissioners  against  said  company  in  any  court  of  com- 
petent jurisdiction,  and  the  amount  so  paid  for  such  pav- 
ing or  repairing  by  said  Commissioners  shall  be  a  lien  upon    Lien, 
all  property  of  said  company  from  the  time  that  said  pav- 
ing or  repairing  is  made  until  paid  by  said  company. 

Sec.  2.  That  so  much  of  the  original  charter  of  said    Repeal  of  old 
company,  granted  by  act  which  became  a  law  June  twenty-  "*"'®- 
second,  eighteen  hundred  and  eighty-eight,  as  prescribed 
a  route  or  routes  for  the  tracks  and  road  of  said  company 
be,  and  the  same  is  hereb}^  repealed,  and  that  the  route 
or  routes  prescribed  by  this  act  shall  be  the  only  route  or 
routes  for  the  tracks  and  road  aforesaid:  Provided^  That    Prwtw. 
said  company  shall  not  operate  any  part  of  its  road  by    No   overhead 
electric  power  with  overhead  wires  within  the  city  limits,  clty^^mite.'^^''  ^^ 

Sec.  3.  That  said  compan}^  is  hereby  authorized  to  issue  capital  stock, 
its  capital  stock  to  an  amount  not  to  exceed  the  actual 
cost,  more  than  ten  per  centum  of  the  right  of  way,  con- 
struction and  equipment,  motive  power,  and  such  land  and 
buildings  as  may  be  necessary  to  said  road,  in  shares  of 
one  hundred  dollars  each.  Said  company  shall  require 
the  subscribers  to  the  capital  stock  to  pay  in  cash  to  the 
treasurer  appointed  by  the  corporators  the  amounts  sev- 
erally subscribed  by  them,  as  follows,  namely:  Ten  per  subscriptions, 
centum  at  the  time  of  subscribing  and  five  per  centum 
each  thirty  days  thereafter,  until  fifty  per  centum  thereof 
shall  have  been  paid,  the  balance  of  such  subscription  to 
be  paid  at  such  times  and  such  amounts  as  the  board  of 
directors  may  require;  and  no  subscription  shall  be  deemed 
valid  unless  the  ten  per  centum  thereof  shall  be  paid  at 
the  time  of  subscribing,  as  hereinbefore  provided;  and  if 
any  stockholder  shall  refuse  or  neglect  to  pay  any  install- 
ment as  aforesaid,  or  as  required  by  resolution  of  the  board 
of  directors  after  reasonable  notice  of  the  same,  the  said 
board  of  directors  may  sell  at  public  auction,  to  the  highest  Delinquent 
bidder,  so  many  shares  of  his  stock  as  shall  pay  said  install-  ^^^^  ^^'  ®^- 
ment,  and  the  person  who  offers  to  purchase  the  least 
number  of  shares  for  the  assessment  due  shall  be  taken  to 
be  the  highest  bidder,  and  such  sale  shall  be  conducted 
under  such  general  regulations  as  may  be  adopted  in  the 
by-laws  of  said  company;  but  no  stock  shall  be  sold  for 
less  than  the  total  assessments  due  and  payable,  or  said 
corporation  may  sue  and  collect  the  same  from  any  delin- 
quent subscriber  in  any  court  of  competent  jurisdiction. 

And  the  time  in  which  the  work  and  construction  of  the    commence- 
road  shall  begin  and  be  completed  is  hereby  extended  so  pieuon  Extend- 
that  the  work  shall  be  commenced  within  thirty  days  and  ^' 
the  entire  road  completed  within  eighteen  months  from 
the  passage  of  this  act.     - 


j 


S 


i   i 


I  \ 


76 


LAWS   EELATING   TO  STREET-RAILWAY   FRANCHISES. 


Dedication, 
purchase,  and 
condemnation  of 
lands  for  public 
highway. 


R.S.D.Csecs. 
257-267,  pp.  29-30. 


Provisos. 


Cost    of    pur- 
chase, etc. 


Interference 
with  public  trav- 
el, etc. 

Orieinalcharter 
reaffirmed,  etc. 

Amendment, 
etc. 


Sec.  4.  That  when  the  property  owners  shall  have  dedi- 
cated for  the  purposes  of  a  public  highway  five-sixths  in 
buantity  of  the  land  necessary  to  open  a  street  of  such 
width  as  the  Commissioners  of  the  District  of  Columbia 
may  prescribe  from  Columbia  road  to  Connecticut  avenue 
extended  and  also  to  prolong  said  Conneticut  avenue 
extended  from  the  point  of  meeting  of  said  street  there- 
with to  the  boundary  of  the  District  of  Columbia  for  the 
full  width  of  one  hundred  and  thirty  feet,  if  any  of  the 
remaining  owners  of  property  lying  within  the  path  of 
such  street  or  said  avenue  extended  shall  refuse  or  neglect 
to  dedicate  their  land  or  lands  for  the  purposes  of  said 
street  or  said  avenue,  or  to  sell  and  convey  the  same  to 
the  District  of  Columbia  at  a  price  to  be  agreed  upon  by 
and  between  such  owners  and  the  said  District,  then  in 
that  event  it  shall  be  the  duty  of  the  Commissioners  of 
the  District  of  Columbia,  and  they  are  hereby  author- 
ized, empowered,  and  directed,  to  condemn,  in  accordance 
with  the  provisions  of  sections  two  hundred  and  fifty -seven 
to  two  hundred  and  sixty-seven,  both  inclusive,  of  the 
Revised  Statutes  of  the  United  States  relating  to  the 
District  of  Columbia,  the  remaining  one-sixth  of  said  lands 
so  as  aforesaid  lying  within  the  path  of  such  street  or  said 
avenue  extended,  or  so  much  thereof  as  may  not  have  been 
dedicated  or  sold,  as  hereinbefore  provided,  and  to  open 
such  street  as  aforesaid  for  the  width  aforesaid,  and  to  open 
said  Connecticut  avenue  extended  for  the  width  of  one  hun- 
dred and  thirty  feet  as  a  public  highway:  Provided,  That 
the  said  company  shall  furnish  the  money  to  pay  for  the 
purchase  or  condemnation  of  said  lands  and  to  compensate 
the  owners  therefor:  And  provided  further,  That  the  track 
or  tracks  of  said  company  shall  be  laid  in  such  portions  of 
such  avenues  as  will  least  interfere  with  public  travel,  the 
location  of  the  same  to  be  settled  by  the  Commissioners  of 
the  District  of  Columbia. 

Sec.  5.  That  the  said  company  shall  continue,  subject  to 
all  the  conditions  and  limitations  of  its  original  charter; 
and  that  Congress  reserves  the  right  to  amend,  alter,  or 
repeal  the  original  charter,  and  this  act. 

Approved,  May  28,  1890. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


77 


after  be  constructed,  by  the  Chevy  Chase  Land  Company 
of  Montgomery  County,  Maryland,  and  which  connects,  or 
may  connect,  with  the  present  line  of  said  Rock  Creek  May  connect 
Railway  Company,  and  to  have  respecting  such  connect- chevT chaste 
ing  line  the  same  powers  and  privileges  as  it  now  has  or^°*^^®- 
hereafter  may  have  respecting  its  own  line  of  railroad  not 
inconsistent  with  the  laws  of  Maryland;  and,  further,  that 
the  said  Rock  Creek  Railway  Company  of  the  District  of 
Columbia  shall  be,  and  it  hereby  is,  authorized  and  empow- 
ered to  issue  its  bonds  to  aid  in  paying  for  the  construction  Bonds, 
and  equipment  of  its  railroad,  and  the  purchase  and  lease, 
construction,  and  equipment  of  any  and  all  future  acquisi- 
tions and  extensions  as  hereinbefore  are,  or  that  may  Here- 
after be,  provided  for,  and  to  secure  the  said  bonds  by 
mortgage  or  deed  of  trust  of  its  rights  of  way,  and  all  its 
property  of  what  kind  soever,  whether  real,  personal,  or 
mixed,  including  its  franchises  as  a  corporation;  and  as 
proof  and  notice  of  the  legal  execution  and  effectual  deliv- 
ery of  any  such  mortgage  or  deed  of  trust,  the  same  shall 
be  filed  and  recorded  in  the  office  of  the  recorder  of  deeds 
for  the  District  of  Columbia:  Provided,  however.  That  the 
bonds  hereby  authorizedshallat  notime  exceed  in  the  ag- 
gregate amount  of  their  face  value  one-half  of  the  capital 
stock  of  said  company  actually  subscribed  and  paid  in: 
A7id  provided  further.  That  for  the  purpose  of  fixing  the 
amount  of  the  capital  stock  of  said  company  the  cost  of  capital  stock, 
purchase  or  lease,  construction,  or  equipment  of  the  acqui- 
sition and  extension  aforesaid  shall  be  deemed  as  apart  of 
the  actual  cost  of  the  rights  of  way,  construction,  equip- 
ment, motive  power,  and  necessary  lands  and  buildings, 
as  provided  for  by  the  third  section  of  the  act  amending 
the  charter  of  the  said  company,  approved  May  twenty- 
eighth,  eighteen  hundred  and  ninety;  and  the  time  for  the 
completion  of  said  road  is  hereby  extended  six  months  from  Time  extended, 
and  after  the  twentieth  of  November,  eighteen  hundred  and 
ninety-one. 

Sec.  2.  That  Congress  reserves  the  right  to  alter,  amend.    Amendment. 
or  repeal  this  act. 

Approved,  March  3,  1891. 


March  3, 1891. 
Stats.  26,  p.  836. 


AN  ACT  To  amend  the  charter  of  the  Rock  Creek  Railway  Company 

of  the  District  of  Columbia. 


Co. 


Be  it  enacted  lyy  the  Senate  and  House  of  R&preBentrtives 
RockCreekRy.  ofthe  United  States  of  America  in  Congress  ossenMed,  That 
in  addition  to  the  powers  and  privileges  heretofore  con- 
ferred upon  the  Rock  Creek  Railway  Company  of  the 
District  of  Columbia  by  its  act  of  incorporation  as 
amended,  the  said  company  shall  be,  and  it  hereby  is, 
authorized  and  empowered  to  buy,  lease,  hold,  and  oper- 
ate, or  otherwise  to  contract,  respecting  the  railway  in  the 
State  of  Maryland,  now  constructed  or  which  may  here- 


April  30  1892. 

AN  ACT  To  amend  the  charter  of  the  Rock  Creek  Railroad  Company. '■ '- 

stats.  27,  p.  23. 

Be  it  ermcted  hy  the  Senate  and  House  of  Representatives 
ofthe  United  States  of  America  in  Congress  assemhled.  That    Rock  creek 
the  Rock  Creek  Railroad  Company  be,  and  it  is  hereby,    ^* 
authorized  to  extend  its  road  from  its  present  terminus  on    Extension  of 
U  street  to  Florida  avenue,  thence  along  Florida  avenue  to  ^^*'^^- 
North  Capitol  street:  Provided,  That  it  shall  run  on  the 
same  track  with  the  Metropolitan  Railroad  Company  be- 
tween Ninth  and  Seventh  streets.     Said  company  is  author- 
ized to  extend  a  branch  road  from  a  point  on  its  line  in  Cliff- 
burne  tract  across  the  Adams  Mill  road  to  Kansas  street, 


'C, 


Use   of 
tracks. 


i 


I 


I 


78  LAWS  RELATING  TO   STREET-RAILWAY  FRANCHISES. 

thence  along  Kansas  street  to  Ontario  avenue,  thence  along 
or  adjacent  to  Ontario  avenue  to  the  east  line  of  the  Zoolog- 
ical rark,  on  such  line  as  shall  be  approved  by  the  Com- 
missioners of  the  District  of  Columbia.  That  the  extension 
and  branch  herein  provided  for  shall  be  subject,  in  all  re- 
spects, to  the  acts  of  Congress  granting  and  amending  the 
charter  of  the  Rock  Creek  Railway  Company  as  fully  as  if 
such  acts  were  incorporated  herein, 
other  Sec.  2.  That  whenever  the  route  of  the  foregoing  exten- 
sion coincides  with  the  track  occupied  by  the  Metropolitan 
Railroad  Conapany,  both  companies  shall  use  the  same  track 
Terms  of  use.  upon  such  fair  and  equitable  terms  as  may  be  agreed  upon 
by  said  companies;  and  in  the  event  that  said  companies 
shall  fail  to  agree  upon  equitable  terms,  either  of  said  com- 
mnies  may  apply  by  petition  to  the  supreme  court  of  the 
District  of  Columbia,  who  shall  hear  and  determine  sum- 
marily the  matter  in  due  form  of  law,  and  adjudge  to  the 
proper  party  the  amount  of  compensation  to  be  paid  there- 
^wth between  for.  Whenever  more  than  one  of  the  tracks  of  said  railroad 
company  shall  be  constructed  on  any  of  the  streets,  avenues, 
or  other  public  highways  in  the  District  of  Columbia,  the 
width  of  space  between  the  two  tracks  shall  not  exceed  four 
feet,  unless  otherwise  especially  ordered  by  the  Commis- 
sioners of  the  District  of  Columbia. 
Joint  use  of  Sec.  3.  That  the  Rock  Creek  Railway  Company  and  the 
Eckington  and  Soldiers'  Home  Railway  Company  shall  have 
the  power  to  make  any  contracts  or  agreements  that  may 
be  necessary  to  enable  the  said  companies  to  run  the  cars 
of  each  or  either  company  over  the  tracks  of  the  other  com- 
pany, and  also  to  contract  for  and  use  the  power  of  each  or 
either  company  to  propel  the  cars  of  the  other  company. 
The  said  extension  and  branch  shall  be  completed  within 
one  year  and  a  half  from  the  passage  of  this  act. 

Sec.  4.  That  the  streets  or  avenues  opened  under  the 
provisions  of  this  act  shall  conform  to  the  general  plans 
for  the  extension  of  the  streets  and  avenues  of  the  District 
of  Columbia,  and  shall  be  laid  out  under  the  direction  of 
the  Commissioners  of  the  District  of  Columbia. 

Sec.  5.  That  Congress  reserves  the  right  at  any  time  to 
alter,  amend,  or  repeal  this  act. 

Approved,  April  30,  1892. 


tracks 


Completion. 


Opening 
streets. 


of 


Amendment. 


March  1, 1895. 
Stats.  28,  p.  700. 


AN  ACT  Relative  to  Rock  Creek  Railway  Company  of  the  District  of 


Columbia. 


Be  it  enacted  ly  the  Senate  a/nd  House  of  Representatives 

of  the  United  States  of  America  in  Congress  assemUed^  That 

R^^^^iuthorized  ^^®  ^^^  CvQ^k  Railway  Company  of  the  District  of  Co- 

to  contract  with  lumbia,  being  authorized  thereto  by  a  vote  of  the  owners 

Zlun^'''^^^^^  a  majority  of  its  capital  stock,  may  contract  with  any 

street  railway  company  owning  or  operating  a  connecting 

or  intersecting  line  for  the  joint  management,  lease,  or  pur- 


Fare. 


LAWS   EELATING   TO   STREET-EAILW  AY  FBANCHI8ES.  79 

chase  of  such  connecting  or  intersecting  line  or  lines  and 
operate  the  same  in  connection  with  its  original  line;  and 
in  case  of  such  contract  may  provide  the  means  necessary 
by  an  increase  of  its  capital  stock,  not  to  exceed  the  actual 
consideration  paid  or  the  actual  cost  of  the  necessary  equip- 
ment: Provided,  That  only  one  fare,  not  exceeding  the  rate 
now  authorized  by  law,  shall  be  charged  for  a  single  con- 
tinuous ride  in  the  District  of  Columbia  over  all  the  lines 
affected  by  such  contract  or  any  part  thereof;  and  any  such 
company  owning  connecting  or  mtersecting  line  is  hereby 
empowered,  when  authorized  by  a  vote  of  a  majority  of  its 
stockholders,  to  enter  into  such  contract:  Provided  further. 
That  nothing  in  this  Act  shall  be  construed  to  impair  or 
abridge  the  right  of  Congress  at  any  time  to  regukte  the 
operation  of  such  line  or  lines,  or  to  release  any  railway 
company  or  companies  thus  contracting,  in  whole  or  in 
part,  from  any  obligation  or  restriction  imposed  by  its 
original  charter  or  by  any  law  of  Congress  subsequently 
enacted,  except  as  provided  herein;  and  Congress  hereby 
reserves  the  right  to  alter,  amend,  or  repeal  this  Act.  In 
the  event  of  the  said  companv  entering  into  such  contract 
as  is  contemplated  by  this  Act,  it  is  hereby  authorized,  if 
deemed  advisable  by  its  directors,  to  change  its  name  from 
the  Rock  Creek  Railway  Company  of  the  District  of  Co- Srce^'^cSS 
lumbia  to  that  of  ''The  Capital  Traction  Company."  *"**^°^ 

Approved,  March  1,  1895. 


May  chan^t 
name  of  road  un- 


Extract  from  Public  No.  124,  Approved,  July  14,  1892. 

Care  of  Bridges:  For  ordinary  care  of  bridges,  includ- 
ing keepers,  oil,  lamps,  and  matches,  five  thousand  dollars; 
tor  construction  and  repairs  of  bridges,  fourteen  thousand 
dollars;  in  all,  nineteen  thousand  dollars.  That  the  Wash- 
ington and  Georgetown  Railroad  Company  is  hereby  re- 
quired to  repair  the  bridge  across  Rock  Creek  at  M.  street  t  o  x 
northwest  at  a  cost  not  exceeding  ten  thousand  dollars,  ^tfJet^^ 
said  repairs  to  be  made  under  the  direction  of  the  Engineer 
Commissioner  of  the  District  of  Columbia  ^nd  in  accordance 
with  plans  and  specifications  to  be  prepared  by  him. 


repair 
at   M 


AN  ACT  To  amend  the  charter  of  the  Capital  Traction  Company  of    June  2, 1900. 

the  District  of  Columbia. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled^  That  Route  extend- 
tlie  Capital  Traction  Companv  be,  and  the  same  is  hereby,  ^*^- 
authorized  and  required,  within  six  months  from  the  pas- 
sage of  this  Act,  to  lay  down  an  underground  electric  rail- 
^/•&r^^i^^  *^^  necessary  switches  and  turn-outs  in  the  city 
ot  n  ashington,  in  the  District  of  Columbia,  through  and 
along  the  following  streets  and  avenues,  namely:  Begin- 


80 


LAWS   KELATING   TO   STEEET-BAILWAY    FRANCHISES. 


I 


avS^fei*'^^^^^*^^®  ™^i^  tracks  at  the  intersection  of  Pennsylvania 
tension.  avcnue  and  Eighth  street  southeast,  and  thence  easterly 

along  said  Pennsylvania  avenue  with  double  tracks  to  Fif- 
teenth street  east;  thence  by  a  single-track  loop  on  Penn- 
sylvania avenue,  the  circle,  K,  and  Fifteenth  streets,  bound- 
ing square  numbered  one  thousand  and  seventy-eight,  and 
connecting  with  the  double  tracks  at  Pennsylvania  avenue 
Plans.  and  Fifteenth  street  east;  all  work  to  be  done  in  accord- 

ance with  plans  acceptable  to  and  approved  by  the  Com- 
missioners of  the  District  of  Columbia. 
ueTeslxten^ded"  .^^9'  ^'  ^hat  the  said  Capital  Traction  Company  of  the 
'  District  of  Columbia  shall  have,  over  and  respecting  the 
route  hereinbefore  provided  for,  the  same  rights,  powers, 
and  privileges  as  it  now  has,  or  hereafter  may  have,  by 
law  over  and  respecting  its  other  routes,  and  be  subject  in 
respect  thereto  to  all  the  other  provisions  of  its  charter 
and  law. 

Sec.  3.  That  Congress  reserves  the  right  to  alter,  amend, 
or  repeal  this  Act. 

Approved,  June  2, 1900. 


!  |! 


!i 


Mil 


Jnne  4. 1900.  j^  ^(j^  Authorizing  and  requiring  certain  extensions  to  be  made  to 
the  lines  of  the  Capital  Traction  Company  and  of  the  Anacostia  and 
Potomac  River  Railroad  Company  of  the  District  of  Columbia. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
'  of  the  United  States  of  America  in  Congress  asseinUed^  That 
the  Capital  Traction  Company  of  the  District  of  Columbia 
be,  and  it  hereby  is,  authorized  and  required  to  construct 
the  necessary  tracks  and  to  make  the  necessary  connec- 
tions for  the  purpose  of  operating  its  cars  by  the  under- 
ground electric  system  and  to  operate  the  same  over 
and  along  the  following  route,  namely:  Beginning  at  the 
B.  and  o.  de-  intersection  of  First  and  C  streets  northwest,  east  on  C 

pot  extension,  street  to  Delaware  avenue,  and  thence  by  a  loop  around 
square  six  hundred  and  eighty-six  (bounded  bv  Delaware 
avenue,  B,  First,  and  C  streets  northeast).  Also,  begin- 
ning at  the  intersection  of  Pennsylvania  avenue  and  Seven- 
teenth street  northwest;  ^uth  on  Seventeenth  street  by 
double  tracks  to  G  street  northwest;  west  on  G  street  by 
single  track  to  Twenty-fifth  street;  north  on  Twenty-fifth 

exTelfsfoS."^^^*" ^^.^^^.*^  ^^  ^y^^^^  *^rack  to  Pennsylvania  avenue.  Also,  be- 
ginning with  the  tracks  at  the  corner  of  Seventeenth  and 
G  streets  northwest;  south  on  Seventeenth  street  by  sin- 
gle track  to  F  street  northwest;  west  on  F  street  by  sin- 
gle track  to  Twenty-sixth  street  northwest;  north  on 
Twenty-sixth  street  by  single  track  to  Pennsylvania  ave- 
.  nue:  Provided^  That  for  the  purpose  of  furnishing  a  loop, 
for  use  when  necessary,  a  single  track  may  be  extended 
along  G  street  northwest  from  Twenty-fifth  to  Twenty- 
sixth  streets,  connecting  with  the  single  tracks  in  Twenty - 
fifth  and  Twenty-sixth  streets  northwest. 


LAWS   RELATING   TO   STEEET-BAILWAY   FRANCHISES.  81 

Sec.  2.  That  the  Anacostia  and  Potomac  Eiver  Railroad  ^-nacostia  and 
Company  be,  and  it  is  hereby,  authorized  and  required,  r  R^'extemton! 
within  one  year  from  the  date  of  the  approval  of  this  Act, 
to  extend  the  lines  of  its  underground  electric  railroad 
from  the  intersection  of  First  street  east  and  E  street 
south,  north  along  First  street  to  B  street  south;  thence 
west  along  B  street,  connecting  with  its  existing  tracks 
between  Second  and  Third  streets  west. 

Sec.  3.  That  where  the  route  provided  for  in  this  Act  coinciding 
comcideswith  the  routes  of  existing  street  railways  one '**'''^^^' 
set  of  tracks  shall  be  used  in  common,  upon  terms  mu- 
tually agreed  upon,  or,  in  case  of  disagreement,  upon 
terms  determined  by  the  supreme  court  of  the  District  of 
Columbia,  which  is  authorized  and  directed  to  give  hear- 
ing to  the  interested  parties  and  to  fix  the  terms  of  joint 
trackage. 

Sec.  4.  That  the  extensions  herein  authorized  shall  be  '^^^  ^^  co°i- 
completed  and  cars  operated  over  the  same  within  one  year  ^^^^^''^' 
from  the  date  of  the  passage  of  this  Act.  The  double 
tracks  of  the  Capital  Traction  Company  now  in  the  south 
side  of  C  street  northwest,  between  First  street  and  New 
Jersey  avenue,  shall  also  be  removed  within  said  time, 
and  the  space  so  vacated  restored  to  proper  condition  in  a 
manner  satisfactory  to  the  Commissioners  of  the  District 
of  Columbia. 

Sec.  5.  That  the  extensions  herein  authorized  shall  be    p^"^- 
constructed  in  accordance  with  plans  satisfactory  to  the 
Comnussioners  of  the  District  of  Columbia  and  approved 
by  them. 

Sec.  6.  That  the  said  Capital  Traction  Company  and    charter  privi- 
the  Anacostia  and  Potomac  River  Railroad  Company  shall  ^^^^^^^^^^^^ 
have,  over  and  respecting  the  routes  herein  provided  for, 
the  same  rights,  powers,  and  privileges  they  respectively 
have  or^hereaf ter  may  have  by  law,  over  and  respecting 
their  other  routes,  and  be  subject  in  respect  thereto  to  alL 
the  other  m-ovisions  of  their  charters  and  of  law. 

Sec.  Y.  That  Congress  reserves  the  right  to  alter,  amend, 
or  repeal  this  Act.  ' 

Approved,  June  4,  1900. 
16400—05 6 


I' 


M 


i'i 


ill 


COLUMBIA  RAILWAY  COMPANY. 

AN  ACT  To  incorporate  the  Columbia  Railway  Company  of  the  Dis-    May  24, 1870. 

trict  of  Columbia.  q.  .    ,„ — t— 

stats.  16,  p.  133. 

Be  it  enacted  hy  the  Senate  and  House  of  Representative 
of  the  United  States  of  America  in  Congress  assemUed^  Tha^   Colombia  Raii- 
William  Gunton,  John  C.  McKelden,  Samuel  Fowler,  Wil- S^S^T'''^- 
liam  B.  Todd,  William  H.  Clagett,  John  F.  Callan,  S.  P. 
Brown,  George  H.  Plant,  W.  C.  Bestor,  E.  M.  Gallaudet, 
R.  C.  Fox,  Mathew  G.  Emery,  William  Stickney,  Martin 
M.  Roher,  Richard  Sutton,  David  D.  Cone,  Robert  Williams, 
William  P.  Copeland,  William  H.  Nallev,  G.  H.  B.  White, 
James  T.  Pritchard,  J.  C.  Wall,  John  H.  McCutchen, 
Paulus  Thyson,  Bernard  Hayes,  Jacob  D.  Kitch,  and  their 
associates  and  assigns,  be,  and  they  are  hereby,  created  a 
body  corporate,  under  the  name  of  the  "Columbia  Rail- 
way Company,"  with  authority  to  construct  and  lay  down 
a  single  or  double  track  railway,  with  the  necessary  switches 
and  turnouts,  in  the  city  and  county  of  Washington,  in  the 
District  of  Columbia,  through  and  along  the   following 
avenues,  streets,  and  highways:  commencing  at  a  point  on  Route, 
the  eastern  side  of  west  Fifteenth  street,  on  New  York 
avenue,  thence  eastwardly  along  said  avenue  to  its  inter- 
section with  north  K  street;  thence  along  north  K  street 
to  its  intersection  with  Massachusetts  avenue;  thence  along 
Massachusetts  avenue  to  its  intersection  with  north  H 
street;  and  thence  along  H  street  to  its  eastern  termina- 
tion with  the  Columbia  turnpike  gate,  with  the  right  to 
run  public  carriages  thereon  drawn  by  horse-power,  re-   aM  oti  ve 
ceiving  therefor  a  rate  of  fare  not  exceeding  six  cents  a^*?^^^- 
passenger  for  any  distance  on  said  road. 

Sec.  2.  And  he  it  further  enacted^  That  should  a  majority  Road  may  be 
of  the  stockholders  so  elect,  at  any  time  within  two  years  ^''*^°^^^' 
after  the  completion  of  said  road  (provided  for  in  section 
one  above),  the  said  Company  shall  have  the  right  to  extend 
said  road,  either  with  a  smgle  or  double  track,  with  the  nec- 
essary switches  and  tournouts  along  the  line  of  the  Colum- 
bia Turnpike  Road  Company,  with  the  consent  of  said 
Turnpike  Road  Company,  or  on  any  other  road  or  roads 
leading  northwardly  or  eastwardly  from  such  intersection 
at  the  Columbia  turnpike  gate,  now  opened,  or  which  may 
hereafter  be  opened,  by  the  proper  authorities;  and  thence 
along  said  road  or  roads,  by  the  most  practicable  route  or 

« Changed  to  cable  power  under  authority  of  Act  of  Congress,  ap- 
proved March  2,  1889. 

83 


1 


"■\ 


\\ 


•\ 


I  • 


•li 


t 


COLUMBIA  RAILWAY  COMPANY. 

AN  A.CT  To  incorporate  the  Columbia  Railway  Company  of  the  Dm-    May  24, 1870. 

trict  of  Columbia.  stats.  16.  p.  133. 

Be  it  enacted  hy  the  Senate  and  House  of  Bepresentativ^ 
of  the  United  States  of  America  in  Congress  assembled^  Tha^  Columbia  Raii- 
William  Gunton,  John  C.  McKelden,  Samuel  Fowler,  Wil- SJ^SmeT^'^" 
liam  B.  Todd,  William  H.  Clagett,  John  F.  Callan,  S.  P. 
Brown,  George  H.  Plant,  W.  C.  Bestor,  E.  M.  Gallaudet, 
R.  C.  Fox,  Mathew  G.  Emery,  William  Stickney,  Martin 
M.  Roher,  Richard  Sutton,  David  D.  Cone,  Robert  Williams, 
William  P.  Copeland,  William  H.  Nalley,  G.  H.  B.  White, 
James  T.  Pritchard,  J.  C.  Wall,  Johiu  H.  McCutchen, 
Paulus  Thyson,  Bernard  Hayes,  Jacob  D.  Kitch,  and  their 
associates  and  assigns,  be,  and  they  are  hereby,  created  a 
body  corporate,  under  the  name  of  the  "Columbia  Rail- 
way Company,"  with  authority  to  construct  and  lay  down 
a  single  or  double  track  railway,  with  the  necessary  switches 
and  turnouts,  in  the  city  and  county  of  Washington,  in  the 
District  of  Columbia,  through  and  along  the  following 
avenues,  streets,  and  highways:  commencing  at  a  point  on  Route, 
the  eastern  side  of  west  Fifteenth  street,  on  New  York 
avenue,  thence  eastwardly  along  said  avenue  to  its  inter- 
section with  north  K  street;  thence  along  north  K  street 
to  its  intersection  with  Massachusetts  avenue;  thence  along 
Massachusetts  avenue  to  its  intersection  with  north  H 
street;  and  thence  along  H  street  to  its  eastern  termina- 
tion with  the  Columbia  turnpike  gate,  with  the  right  to 
run  public  carriages  thereon  drawn  by  horse-power,  re-  om  oti  ye 
ceiving  therefor  a  rate  of  fare  not  exceeding  six  cents  a^^^re 
passenger  for  any  distance  on  said  road. 

Sec.  2.  And  he  it  further  enacted^  That  should  a  majority  ^®*^^™*y  ^ 
of  the  stockholders  so  elect,  at  any  time  within  two  years  ^^^^  ' 
after  the  completion  of  said  road  (provided  for  in  section 
one  above),  the  said  Company  shall  have  the  right  to  extend 
said  road,  either  with  a  single  or  double  track,  with  the  nec- 
essary switches  and  tournouts  along  the  line  of  the  Colum- 
bia Turnpike  Road  Company,  with  tiie  consent  of  said 
Turnpike  Road  Company,  or  on  any  other  road  or  roads 
leading  northwardly  or  eastwardly  from  such  intersection 
at  the  Columbia  turnpike  gate,  now  opened,  or  which  may 
hereafter  be  opened,  by  the  proper  authorities;  and  thence 
along  said  road  or  roads,  by  the  most  practicable  route  or 

« Changed  to  cable  power  under  authority  of  Act  of  Congress,  ap- 
proved March  2,  1889. 

83 


i 


A\ 


■ 


84 


LAWS   BELATING   TO   STREET-RAILWAY    FRANCHISES. 


I 

i 


I 


routes,  to  the  termini  near,  at  or  in  the  District  of  Colum- 
bia, receiving  therefor  a  rate  of  fare  not  exceeding  cents 
Motive  power,  a  passenger  for  any  distance  on  said  road  or  roads.  The 
.  carriages  on  the  extension  of  said  road  or  roads  to  be  pro- 
pelled either  by  horse-power  or  dummy  engines,  at  the 
option  of  the  said  Railway  Company. 

Sec.  3.  And  he  itfurtkefr  enacted^  That  the  said  road  or 
roads  shall  be  deemed  real  estate,  and,  together  with  other 
real  and  personal  property  of  said  body  corporate,  shall 
Taxation.       be  liable  to  taxation  as  other  real  estate  and  personal  prop- 
License  ioT^^^J-i  and  to  license  for  their  vehicles  or  cars  in  the  city 
»»•  and  county  aforesaid,  except  as  hereinafter  provided. 

Construction.  Sec.  4.  And  he  it  further  enacted^  That  the  said  railway 
shall  be  laid  as  near  the  centre  of  the  avenues  and  streets 
in  the  city  Of  Washington  as  practicable  (without  interfer- 
ing with  or  passing  over  the  water  or  gas  pipes),  in  the 
most  approved  manner  adapted  for  street  railways,  with 
the  rails  of  the  most  approved  pattern,  to  be  determined 
by  the  Secretary  of  the  Interior,  laid  upon  an  even  surface 
with  the  pavement  of  the  streets  or  avenues;  and  the  space 
between  the  two  tracks  (where  two  are  laid)  shall  not  be 
less  than  four  feet  nor  more  than  six  feet,  and  the  car- 
Gauge,  riages  shall  not  be  less  than  six  feet  in  width;  the  gauge 
to  correspond  with  that  of  the  Metropolitan  Railroad. 
That  the  railways  in  the  county  (should  it  be  determined 
to  construct  such  roads)  shall  be  laid  in  such  manner  as 
will  least  interfere  with  the  ordinary  travel  of  the  road  or 
roads  on  which  the  tracks  shall  be  laid. 
^  Sec.  5.  And  he  it  further  enacted,  That  the  said  corpora- 
tion hereby  created  shall  be  bound  to  keep  said  tracks, 
and  for  a  space  of  two  feet  beyond  the  outer  rail  thereof, 
and  also  the  space  between  the  tracks,  so  far  as  the  same 
are  laid  within  the  limits  of  the  city  of  Washington,  at  all 
Paving.  times  well  paved  and  in  good  order,  without  expense  to 
the  United  States  or  the  said  city.  And  in  case  the  road 
shall  be  extended  beyond  the  limits  of  said  city,  [as  is  here- 
tofore provided,]  the  said  corporation  shall  be  bound  to 
keep  said  tracks,  and  for  a  space  of  two  feet  beyond  the 
outer  rail  thereof,  and  also  the  space  between  the  tracks 
well  gravelled  or  paved  and  in  good  order,  so  as  not  to 
impede  the  general  travel  on  said  roads  by  vehicles  or 
otherwise,  without  expense  to  the  county  of  Washington. 
Grade  of  streets  Sec.  6.  And  he  it  further  enacted.  That  nothing  in  this 
may  be  changed.  ^^^  gj^^jj  prevent  the  Government  at  any  time,  at  its  option, 
from  altering  the  grade,  or  otherwise  improving  all  ave- 
nues and  streets  occupied  by  said  road,  or  the  city  of 
Washington  from  so  altering  and  improving  such  streets 
and  avenues  and  the  sewerage  thereof,  as  may  be  under 
their  respective  authority  and  control;  and  in  such  event 
it  shall  be  the  duty  of  said  Company  to  change  their  said 
railway  so  as  to  conform  to  such  grade  and  pavement. 

Sec.  7.  And  he  it  further  enacted.  That  this  act  may  at 
any  time  be  altered,  amended,  or  repealed  by  the  Congress 
of  the  United  States. 


Paving. 


Amendment. 


l 


LAWS    EELATING   TO   STBEET-EAILWAY   EBAITOHISES. 


85 


Shares,  how 
transferable. 


running. 


Sec.  8.  And  he  it  further  enacted.  That  nothing  in  this    issue  of  cur- 
act  shall  be  so  construed  as  to  authorize  said  body  corpo-  thomed?°*   *"" 
rate  to  issue  any  note,  token  or  device,  scrip  or  other  evi- 
dence of  debt,  to  be  used  as  currency. 

Sec.  9.  And  he  itfartlter  enacted,  That  the  capital  stock  capital  stock, 
of  said  Company  shall  not  be  less  than  one  hundred  thou- 
sand dollars,  nor  more  than  four  hundred  thousand  dollars, 
and  that  the  stock  shall  be  divided  into  shares  of  fifty  dol- 
lars each,  and  shall  be  deemed  personal  property,  transfer- 
able in  such  manner  as  the  By-Laws  of  said  Company  ma}^ 
direct. 

Sec.  10.  A7id  he  it  further  enacted.  That  the  said  Com-  cars,  class  and 
pany  shall  place  first-class  cars  on  said  railway,  with  all  the 
modern  improvements,  for  the  convenience  and  comfort  of 
passengers,  and  shall  run  cars  thereon  during  the  day  and 
as  late  as  ten  o'clock  at  night,  and  as  often  as  every  fifteen 
minutes,  between  west  Fifteenth  street  and  the  eastern  ter- 
minus of  north  H  street;  and  in  case  the  said  road  shall  be 
extended  beyond  the  city  limits,  on  the  entire  road,  or  such 
portions  as  may  be  completed,  through  the  day  and  night, 
as  often  as  the  public  convenience  and  the  interests  of  the 
Railway  Company  m^y  require:  Provided,  however.  That 
the  carriages  or  cars  thereon  shall  not  make  less  than  eight 
trips  each  way  per  day  during  six  days  in  each  week. 

Sec.  11.  And  he  it  further  enacted.  That  the  said  Com- ^^P^^s^^ser 
pany  shall  provide  such  passenger  rooms,  ticket  offices, 
stables,  and  depots  at  such  points  as  the  business  of  the 
railroad  and  the  convenience  of  the  public  may  require. 
And  said  Company  is  hereby  authorized  to  lay  such  rails 
through  transverse  or  other  streets  or  roads  as  may  be 
necessary  for  the  exclusive  purpose  of  connecting  the  said^^g^nnecting 
stables  and  depots  with  the  main  tracks;  and  the  said  Com- 
pany is  hereby  authorized  to  purchase  or  lease  such  lands 
or  buildings  as  may  be  necessary  for  the  passenger  rooms, 
ticket  offices,  stables,  and  depots  above  mentioned. 

Sec.  12.  And  he  it  further  enacted,  That  all  articles  of 
value  that  may  be  inadvertently  left  in  any  of  the  cars  or 
other  vehicles  of  said  Company  shall  be  taken  to  its  prin- 
cipal depot  and  entered  in  a  book  of  record  of  unclaimed 
goods,  which  book  shall  be  opened  to  the  inspection  of  the 
public  at  all  reasonable  hours  of  business. 

Sec.  13.  And  he  it  further  enacted.  That  within  thirty 
days  after  the  passage  of  this  act,  the  corporators  named 
in  the  first  section,  or  a  majority  of  them,  or  if  any  refuse 
to  act,  then  a  majority  of  the  remainder,  shall  cause  books 
of  subscription  to  the  capital  stock  of  said  Company  to  be   subscription  to 
opened,  and  kept  open,  in  some  convenient  and  accessible  *^^'**  ^^^  * 
place  or  places  in  the  city  of  Washington  for  a  period  to  be 
fixed  by  said  corporators,  not  less  than  two  days;  and  said 
corporators  shall  give  public  notice,  by  advertisement  in 
not  less  than  two  daily  papers  published  in  the  city  of 
Washington,  of  the  time  when  and  the  place  where  said    25  per  cent  of 
books  shall  be  opened;  and  subscribers  upon  said  books  tot^pTwa'ttimecS 
the  capital  stock  of  the  Company  shall  be  held  to  be  stock-  ^^^^^^^ing. 


Lands. 


Articles  left  in 
cars. 


I 


J' 


86 


First   meeting 
of  stockholders. 

Directors. 


Votes    and 
proxies. 


Board    of    di- 
rectors. 


Officers. 


Vacancies. 


By-laws. 


Subscription  to 
stock,  when  to  be 
called  in. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


holders;  Provided^  That  no  one  individual  shall  be  allowed 
to  subscribe  for  more  than  two  hundred  shares  of  said 
stock:  Provided  further^  That  every  subscriber  shall  pay, 
at  the  time  of  subscribing,  twenty -five  per  centum  of  the 
amount  by  him  subscribed  to  the  treasurer  appointed  by 
the  corporators,  or  his  subscription  shall  be  null  and  void. 
If,  at  the  end  of  two  days,  a  larger  amount  than  the  capi- 
tal stock  of  said  Company  shall  have  been  subscribed,  tne 
books  shall  be  closed,  and  the  said  corporators  named  in 
the  first  section  shall  forthwith  proceed  to  apportion  said 
capital  stock  among  the  subscribers  pro  rata^  and  make 
public  proclamation  of  the  number  of  shares  allotted  to 
each,  which  shall  be  done  and  completed  on  the  same  day 
the  books  are  closed:  Provided  furthe7\  That  nothing  shall 
be  received  in  payment  of  the  twenty-five  per  centum,  at 
the  time  of  subscribing,  except  money.  And  when  the 
books  of  subscription  of  the  capital  stock  of  said  Company 
shall  be  closed,  the  corporators  named  in  the  first  section, 
or  a  majority  of  them,  and,  in  case  any  of  them  refuse  or 
neglect  to  act,  then  a  majority  of  the  remainder,  shall, 
within  ten  days  thereafter,  call  the  first  meeting  of  the 
stockholders  of  said  Company,  to  meet  within  ten  days 
thereafter,  for  the  choice  of  seven  directors,  of  which  pub- 
lic notice  shall  be  given  for  five  days  in  not  less  than  two 
public  newspapers  published  daily  in  the  city  of  .Washing- 
ton, or  by  written  or  printed  personal  notice  to  each  stock- 
holder by  the  clerk  of  the  corporation.  And  in  all  meetings 
of  stockholders  each  share  shall  entitle  the  holder  to  one 
vote,  to  be  given  in  person  or  by  proxy. 

Sec.  14.  And  he  it  further  enacted^  That  the  government 
and  direction  of  the  affairs  of  the  Company  shall  be  vested 
in  a  Board  of  Directors,  seven  in  number,  who  shall  be 
stockholders,  and  who  shall  hold  their  office  for  one  year 
and  until  others  are  duly  elected  and  qualified  to  take  their 
places  as  Directors.  And  the  said  Directors  (a  majority  of 
whom,  the  President  being  one,  shall  constitute  a  quorum), 
shall  elect  one  of  their  number  to  be  President  of  the 
Board,  who  shall  also  be  President  of  the  Company;  and 
they  shall  also  choose  a  Treasurer,  who  shall  give  bonds, 
with  security,  to  said  Company  in  such  sum  as  the  said 
Directors  may  require  for  the  faithful  discharge  of  his 
trust.  In  case  of  a  vacancy  in  the  Board  of  Directors  by 
the  death,  resignation,  or  otherwise  of  any  Director,  the 
vacancy  occasioned  thereby  shall  be  filled  by  the  remain- 
ing Directors. 

Sec.  15.  And  he  it  further  enacted,  That  the  Directors 
shall  have  full  power  to  make  and  prescribe  such  by-laws, 
rules  and  regulations  as  they  shall  deem  needful  and  proper 
respecting  the  disposition  and  management  of  the  stock, 
property,  estate  and  effects  of  the  Company,  not  contrary 
to  the  charter  or  to  the  laws  of  the  United  States  and  the 
ordinances  of  the  city  and  county  of  Washington :  Provided: 
That  the  Directors  of  said  corporation  shall  have  the  power 
to  require  the  subscribers  to  the  capital  stock  to  pay  the 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES* 


87 


amount  by  them  respectively  subscribed  at  such  time  (after 
the  first  installment),  in  such  manner  and  in  such  amounts 
as  they  may  deem  proper;  and  if  any  stockholder  shall 
refuse  or  neglect  to  pay  any  installments  as  required  by  a 
resolution  of  the  Board  of  Directors,  after  reasonable  notice 
of  the  same,  the  said  Board  of  Directors  may  sell  at  public 
auction,  to  the  highest  bidder,  so  many  shares  of  his  said 
stock  as  shall  pay  said  installments  (and  the  highest  bidder 
shall  be  taken  to  be  the  person  who  offers  to  purchase  the 
least  number  of  shares  for  the  assessment  due),  under  such 
regulations  as  may  be  adopted  in  the  By-Laws  of  said  cor- 
poration; or  said  body  corporate  may  sue  and  collect  the 
same  from  any  delinquent  subscriber  in  any  court  of  com- 
petent jurisdiction. 

Sec.  16.  And  he  it  further  enacted^  That  there  shall  be 
an  annual  meeting  of  the  stockholders  for  choice  of  direct- 
ors, to  be  holden  at  such  time  and  place,  under  such  con- 
ditions, and  upon  such  notice  as  the  said  Company  in  their 
By-Laws  may  prescribe;  and  said  Directors  shall  annually 
make  a  report  in  writing  of  their  doings  to  Congress,  or  to 
the  Secretary  of  the  Interior,  and  to  the  stockholders  in 
general  meeting. 

Sec.  17.  Andheit  further  enacted,  That  the  Mayor  and 
Council  of  said  city,  and  the  levy  court  of  said  county, 
and  the  several  officers  of  these  corporations,  and  the  said 
corporations  are  hereby  prohibited  from  doing  any  act  or 
thing  to  hinder,  delay,  or  obstruct  the  construction  or 
operations  of  said  railway,  as  herein  authorized. 

Sec.  18.  And  he  it  further  enacted.  That  the  said  Com 
pany  shall  have,  at  all  times,  the  free  and  uninterrupted 
use  of  the  roadway.  And  if  any  person  or  persons  shall 
wilfully  and  unnecessarily  obstruct  or  impede  the  passage 
of,  or  destroy  or  injure  the  cars,  depot,  stations,  or  any 
other  property  belonging  to  said  Railway  Company,  the 
person  or  persons  so  offending  shall  forfeit  and  pay  for 
each  such  offence  the  sum  of  ten  dollars  to  said  Company, 
to  be  recovered  and  disposed  of  as  other  tines  and  penal- 
ties in  said  city  and  county,  and  shall  remain  liable,  in 
addition  to  said  penalty,  for  any  loss  or  damage  occasioned 
by  his,  her,  or  their  act  as  aforesaid;  but  no  suit  shall  be 
brought  unless  commenced  within  sixty  days  after  such 
offence  shall  have  been  committed. 

Sec.  19.  And  he  it  further  enacted,  That  unless  said  cor- 
poration shall  make  and  complete  their  said  railway 
between  west  Fifteenth  street  and  the  eastern  terminus  of 
north  H  street  within  eight  months  after  the  Company  shall 
have  been  fully  organized,  then  this  act  shall  be  null  and 
void,  and  no  rights  whatsoever  shall  be  acquired  under  it; 
and  that  the  remainder  of  the  said  road  shall  be  completed 
(if  commenced)  to  its  proposed  terminus  in  the  county  of 
Washington  within  five  years. 

Sec.  20.  And  he  it  further  enaxited^  That  no  person  shall 
be  prohibited  the  right  to  travel  on  any  part  of  said  road 
or  roads,  or  ejected  from  the  cars  thereof,  for  any  other 


Forfeiture. 


Annual  meet- 
ing. 


Report. 


ConBtructionof 
railway  not  to  be 
hindered. 


It 


it 
il 


Obstrction  of 
roadway. 


Completion. 


J 


Exclusion  from 
cars. 


88 


LAWS   RELATING    TO   STREET-RAILWAY    FRANCHISES. 


cause  than  that  of  being  drunk,  disorderly,  unclean,  con- 
tagiously diseased,  refusing  to  pay  the  legal  fare  exacted, 
individ„«i  r    ^""^  ^""^^^Z  "^i^}"  the  general  regulations  of  the  Company 
i.mf^f'tiJit.    ^J^-21.  A7id  be  zt  further  enacted,  That  each  of  the  stock- 
holders.  holders  in  the  Co  umbia  Railway  Company  shall  be  liable 

individually  for  all  the  debts  and  liabilities  of  said  Company 
to  an  amount  equal  to  the  amount  of  stock  held  by  such 
stockholder.  '^ 

Reports.  8^0.  22.  And  he  it  further  enacted,  That  all  the  provisions 

of  the  act  incorporating  the  Washington  and  Georgetown 
Kailroad  Company,  requiring  reports  of  expenditures,  earn- 
ings,  and  otherwise,  shall  be  applicable  to  the  Company 
herein  incorporated,  which  shall  make  reports  as  in  said 
act  required. 
ci?u1e^  e  a  1  i  ng  Sec.  23.  And  he  it  further  enacted.  That  all  acts  and  parts 
of  acts  heretofore  passed  which  are  inconsistent  with  any 
of  the  provisions  of  this  act  be,  and  the  same  are,  for  the 
purposes  of  this  act,  hereby  repealed,  so  far  as  the  same 
are  inconsistent  herewith. 


June  13, 1898. 


I 


AN  ACT  To  authorize  the  extension  eastwardly  of  the  Columbia 

Railway. 

Be  it  enacted  hy  the  Senate  and  House  of  Eepresentatvves 

Extension  ^n  ?/ ^Ti  i   "^l-     o  ^m ''^"^!?^'^^  ^'^  Congress  asseinUed,  That 
Bennings  road,    ^ue  L^olumbia  Kailway  Company,  incorporated  under  an 

Act  of  Congress  approved  May  twenty-fourth,  eighteen 
hundred  and  seventy,  be,  and  it  is  hereby,  authorized  to 
extend  its  lines  and  to  locate,  construct,  equip,  and  main- 
tain and  operate  a  single  or  double  track  railway,  and  all 
necessary  depots,  stations,  sidings,  switches,  and  turn-outs, 
Motive  power,  and  to  mn  cars  thereon  propelled  by  cable,  electric,  com- 
pressed air,  or  other  mechanical  power,  except  steam  loco- 

Passengersanaf^^V^V*^!^^  approved  by  the  Commissioners  of  the  Dis- 
merchandise.      trict  ot  Columbia,  and  to  carry  passengers,  parcels,  milk 
truck,  and  merchandise  over  and  along  the  following 
routes  and  roads  in  the  District  of  Columbia,  to  wit:  Be- 
ginning at  the  present  eastern  terminus  of  the  railway  of 
said  company  as  now  laid  down  and  constructed  on  Ben- 
ning  road;  thence  along  the  north  side  of  said  road,  but 
outside  of  the  limits  thereof,  to  the  western  edge  or  shore 
hue  of  the  Eastern  Branch  of  the  Potomac  River;  thence 
over  the  flats  of  said  branch  and  over  said  branch  by  a 
wooden  trestle  bridge  to  the  eastern  edge  or  shore  of  said 
branch;  thence  to  a  point  at  or  near  the  intersection  of 
said  Bennmg  road  with  the  road  north  of  the  Baltimore 
and  Potomac  Railroad  known  as  the  Race  Course  road- 
thence  along  the  said  Race  Course  road,  but  outside  its 
limits,  to  the  Anacostia  road;  thence  along  said  Anacostia 
road,  but  outside  its  limits,  to  Watts  Creek;  thence  east 
across  said  Anacostia  road,  and,  by  proper  subway,  under- 
neath the  tracks  of  the  Baltimore  and  Potomac  and  Balti- 
more and  Ohio  railroads,  to  a  point  at  or  near  the  eastern 


Route 


LAWS   RELATING    TO   STREET-RAILWAY    FRANCHISES. 


89 


I! 


Plans. 


Cause wa  y 
across  flats. 


corner  of  the  District  of  Columbia,  with  a  branch  from 
the  intersection  of  said  Watts  Creek  and  Anacostia  road 
along  Anacostia  road,  but  outside  its  limits,  to  its  inter- 
section with  the  eastern  boundary  line  of  the  District  of 
Columbia:  Provided,  That  the  location  of  said  routes  and 
the  plans  and  specifications  for  the  construction  of  the  said 
railway  lines,  depots,  and  stations  shall  be  subject  to  the 
approval  of  the  Commissioners  of  the  District  of  Colum- 
bia, and  that  the  said  company  shall,  whenever  the  flats  of 
the  said  Eastern  Branch  shall  be  reclaimed,  construct  in 
the  place  and  stead  of  the  trestle  bridge  herein  provided  brid|e"^*°^°* 
for  a  permanent  structure,  to  be  approved  by  the  Com- 
missioners of  the  District  of  Columbia:  And  provided 
fuTther,  That  overhead  trolleys  shall  not  be  used  on  the  ^^no^  ^l^^^x 
lines  of  the  said  company  farther  west  on  said  railroad  ifmiteT  ^°  ^^  ^ 
than  Fifteenth  street  northeast.  That  wherever  electric 
power  propulsion  is  adopted  upon  the  extension  herein 
authorized,  or  on  any  other  portion  of  the  line  of  said 
Columbia  Railway  Company,  no  portion  of  the  electrical 
circuit  shall  be  through  the  earth,  but  a  return  circuit  of 
proper  capacity  and  located  similarly  to  the  feed- wire  To  nrevent 
circuit  shall  be  provided  for  the  electrical  current,  and 
that  whenever  the  trolley  system  is  used  each  car  shall  be 
provided  with  a  double  trolley,  and  that  no  earth  connec- 
tion shall  be  made  with  any  dynamo  furnishing  power  for 
the  road.  The  said  company  is  hereby  authorized  to  con- 
struct a  roadbed  or  causeway  on  which  to  lay  the  tracks 
of  its  railway  across  the  flats  of  said  Eastern  Branch  from 
the  western  shore  or  edge  to  the  channel  thereof. 

Sec.  2.  That  the  main  line  hereby  authorized  to  a  point  j^^e  of  oom- 
at  or  near  the  eastern  corner  of  the  Districf  of  Columbia  ^  * 
shall  be  completed  within  one  year  from  the  date  of  the 
approval  of  this  Act,  and  the '  branch   from   said  Watts 
Creek  along  said  Anacostia  road  shall  be  completed  within 
two  years  from  the  date  of  the  approval  of  this  Act. 

Sec.  3.  That  only  one  fare  for  a  continuous  ride  over 
the  route  described  in  the  company's  charter,  and  over  the 
extensions  hereby  authorized  or  any  part  thereof,  shall  be 
charged  for  each  passenger. 

Sec.  4.  That  the  said  company  shall  have  at  all  times  the 
free  and  uninterrupted  use  of  the  line  and  tracks  hereby  au-  uni'awftiL 
thorized,  and  if  any  person  or  persons  shall  willfully,  mis- 
chievously, and  unlawfully  obstruct  or  impede  the  passage 
of  cars  of  said  railway  company  with  a  vehicle  or  vehicles, 
or  otherwise,  or  in  any  manner  molest  or  interfere  with 
passengers  or  operatives  while  in  transit,  or  destroy  or 
injure  the  cars  of  said  railway,  or  depots,  stations,  or  other 
property  belonging  to  the  said  railway  company,  the  per- 
son or  persons  so  offending  shall  forfeit  and  pay  for  each 
such  offense  a  sum  not  exceeding  one  hundred  aollars,  to  Penalty, 
be  recovered  as  other  fines  and  penalties  are  recovered  in 
said  District,  and  all  persons  so  offending  shall  remain 
liable,  in  addition  to  said  penalty,  for  any  loss  or  damage 
occasioned  by  his  or  her  or  their  act  as  aforesaid;  but  no 


Fare. 


Obstruction  to 
free  use  of  tracks 


li 


i 


k 


90  LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 

jsuit  shall  be  brought  to  enforce  such  fines  and  penalties  or 
to  recover  for  any  such  loss  or  damage  unless  commenced 
within  sixty  days  after  the  ofi'ense  shall  have  been  com- 
mitted. 

riJhtofwSylSd  ^Ep-  ^-  That  the  said  company  shall  have  the  right  to 
land  for  depots,  acquire  and  obtain  the  right  of  way  over  and  through  the 
land  on  which  the  aforesaid  lines  and  routes  may  be  located, 
and  to  acquire  and  hold  land  for  necessary  depots,  stations, 
offices,  store  and  power  houses,  and  workshops;  and  in 
the  event  that  said  company  shall  not  be  able  to  come  to 
an  agreement  with  the  owners  of  any  land  through  which 
the  said  line  and  routes  may  be  located,  or  on  which  it  may 
be  necessary  to  erect  depots,  stations,  offices,  store  and 
piS??^^*"**''^^'^^^  houses,  or  workshops,  proceedings  for  the  condem- 
nation for  the  use  of  the  company  of  so  much  land  as  may 
be  required  for  right  of  way,  not  exceeding  thirty  feet  in 
width,  and  for  the  necessary  depots,  stations,  offices,  store 
and  power  houses,  and  workshops  may  be  instituted  in  the 
supreme  court  of  the  District  of  Columbia  under  and  in 
accordance  with  the  provisions  of  sections  two  hundred 
and  fifty-seven  to  two  hundred  and  sixty -seven,  both  in- 
clusive, of  the  Revised  Statutes  of  the  United  States  relat- 
ing to  the  District  of  Columbia,  being  the  laws  governing 
the  condemnation  of  lands  in  said  District  for  public  high- 
Procedure,  ways:  Prmided^  That  it  shall  be  the  duty  of  the  marshal  of 
the  said  District,  upon  the  request  of  said  railway  company, 
to  summon  all  necessary  jurors  and  to  exercise  the  powers 
and  authority  conferred  upon  him  by  said  laws:  And  pro- 
vided further^  That  the  costs  and  expenses  of  all  such  pro- 
ceedings shall  be  defrayed  by  the  said  railway  company. 

to^SSteSnway'^^®.^^"^"^^^^^^"®^^  ^^  *^^  District  of  Columbia  are  au- 
in  30-foot  strip,    thorized  and  empowered  to  locate  the  lines  of  the  railway 
of  said  company  within  the  said  area,  thirty  feet  in  width, 
so  to  be  acquired  as  aforesaid,  north  of  the  present  north- 
Dedication  of  ern  line  of  said  Benning  road.     In  the  event  that  said  Ben- 
BenniSr^adTs  ning  .I'oad  and  other  roads  mentioned  in  section  one  shall 
-'''  be  widened  to  a  width  of  ninety  or  more  feet,  and  further, 

in  the  event  of  any  portions  of  the  right  of  way  being  in- 
cluded in  highways  to  be  opened  in  future,  then,  and  in 
such  cases,  the  said  company  shall  convey  to  the  District  of 
Columbia,  for  the  use  of  the  public,  the  right  of  way  over 
the  said  area  of  thirty  feet  in  width,  subject,  however, 
to  the  right  of  the  said  company  to  use  and  occupy  the 
same  for  the  operation  and  maintenance  of  its  said  road. 

Sec.  6.  That  the  said  railway  company  shall  have  the 
right  to  issue  bonds  of  said  company  to  an  amount  nec- 
essary to  cover  the  cost  of  locating,  constructing,  and  equip- 
ping the  said  extended  lines  of  railway  tracks  and  the 
depots,  stations,  offices,  store  and  power  houses,  and  work- 
shops necessary  to  the  proper  operation  thereof,  and  to  se- 
cure the  same  by  a  mortgage  or  deed  of  trust  covering  its 
corporate  franchises  and  properties,  or  such  portion  thereof 
as  may  be  necessary  for  that  purpose:  Provided^  hoicever^ 
That  the  total  issue  of  said  bonds  shall  not  in  the  aggre- 


widene 


Bonds. 


Appeal. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


gate  exceed  the  actual  cost  of  the  construction  and  equip- 
ment hereinbefore  authorized;  and  before  any  bond  or  trust 
deed  shall  be  executed,  the  amount  thereof  shall  be  ascer- 
tained and  fixed  by  the  Commissioners  of  the  District  of 
Columbia;  and  for  this  purpose  said  Commissioners  are 
hereby  authorized  to  subpoena  and  examine  witnesses  and 
take  such  testimony  as  may  be  necessary  to  enable  them  to 
make  such  determination  and  ^^  the  amount  of  issue: 
And  provided  further^  That  an  appeal  may  be  taken  from 
the  decision  of  said  Commissioners  to  the  supreme  court 
of  the  District  of  Columbia.  And  all  bonds  issued  in  ex- 
cess of  the  amount  authorized  by  said  Commissioners  or 
said  court,  or  in  violation  of  the  provisions  of  this  Act, 
shall  be  null  and  void. 

Sec.  7.  That  the  said  railway  company  is  authorized  and 
empowered  to  contract  with  any  railway  company  owning 
and  operating,  or  which  may  hereafter  own  and  operate, 
any  railway  connecting  or  intersecting  the  extension  of  the 
Columbia  Railway  herein  authorized,  for  the  joint  use, 
management,  or  lease  of  said  extended  lines,  or  either  of 
them,  or  any  part  thereof,  upon  such  terms  as  may  be 
agreed  upon  between  such  companies:  Provided^  That 
steam  power  shall  not  be  used  upon  any  portion  of  the 
route  named  herein  which  is  or  may  hereafter  be  in- 
cluded within  the  limits  of  highways,  nor  west  of  the 
present  tracks  of  the  Baltimore  and  Ohio  and  Baltimore 
and  Potomac  railroads:  And  provided  further^  That  nothing 
herein  contained  shall  be  construed  to  prohibit  the  Con- 
gress from  authorizing  any  other  railroad  company  own- 
ing and  operating  or  to  own  and  operate  any  connecting 
or  intersecting  railway  to  use  said  extended  lines,  or  either 
of  them,  or  any  part  thereof,  upon  such  terms  as  it  may 
prescribe. 

Sec.  8.  That  the  rights  conferred  and  the  duties  and 
obligations  imposed  upon  said  company  by  its  charter,  or 
by  subsequent  legislation,  shall  be  held  to  extend  and 
apply  to  the  extensions  herein  provided  for:  Provided^ 
That  nothing  herein  shall  be  construed  to  authorize  the 
Columbia  Railwa}^  to  occupy  the  right  of  way  of  any  other 
company. 

Sec.  9.  That  Congress  reserves  to  itself  the  right  to 
alter,  amend,  or  repeal  this  Act. 

Approved,  June  13,  1898. 


91 


Commissioners 
to  fix  amount. 


May  make  con- 
tracts with  con- 
necting or  inter- 
secting railways 
for  ioint  use  of 
tracks. 


'M 


Steam    power 
not  to  be  used. 


li 


Charter    priv- 
ileges extended. 


JOINT  RESOLUTION  Extending  the  time  within  which  certain  street    Mar.  1. 1901. 
railroads  in  the  District  of  Columbia  may  be  constructed. 

Resolved  hy  the  Senate  and  House  of  Representatives  of 
the  United  States  of  Amertea  in  Congress  assemUed^  "^^^^  an^* Get?yf bui5 
the  time  within  which  the  Washington  and  Gettysburg  time  extended. 
Railway  Company,  of  Maryland,  is  allowed  to  extend  its 
lines  into  and  within  the  District  of  Columbia  be,  and  the 


(. 


92 


LAWS   BELATING   TO   STEEET-BAttWAY   FRANCHISES. 


Columbia  R.R. 


tr;LS'Sli.f,t£/-  *-  years  W  and  afte. 
wav  k  tJh^i  ^'Jf  .*™^  '"i*'''''  ^'"'^J'  *he  Columbia  Rai]- 

Approved,  March  1,  1901. 


ft: 


frlH 


iiii 


'  • 


Is 


DISTRICT  OF  COLUMBIA  SUBURBAN  RAILWAY  COMPANY. 

AN  ACT  To  incorporate  the  District  of  Columbia  Suburban  Railway    July  5. 1892. 

Company.  stats.  27,  p.  66. 

Be  it  enacted  hy  the  Senate  and  Home  of  Bepresentatives  ^^^^^^^  ^^  ^^ 
of  the  United  States  of  America  in  Congress  assemhled,.  That  lumbia  ^Mway 
Richard  K.  Cralle,  Charles  E.  Creecy,  John  T.  Mitchell,  M.  ^^d  ^  *^''''" 
F.  Morris,  J.  W.  Denver,  L.  G.  Hine,  Gilbert  Moyers,  S.  E. 
Mudd,  Robert  A.  Howard,  W.  I.  Hill,  John  W.  Childress, 
J.  F.  Kennedy,  D.  W.  Glaisse,  Harry  Barton,  Philemon  W. 
Chew,  T.  C.  Daniel,  G.  P.  Davis,  Jere  Johnson  and  L.  C. 
Loomis,  and  their  associates  successors,  and  assigns,  are 
hereby  created  a  body  corporate  by  the  name,  style,  and 
title  of  "The  District  of  Columbia  Suburban  Railway  Com- 
pany," and  by  that  name  shall  have  perpetual  succession, 
and  shall  be  able  to  sue  and  be  sued,  plead  and  be  impleaded, 
defend  and  be  defended,  in  all  courts  of  law  and  equity 
within  the  United  States,  and  may  make  and  have  a  common 
seal.  And  said  corporation  is  hereby  authorized  to  con- 
struct and  lay  down  a  single  or  double  track  railway,  as 
may  be  approved  by  the  Commissioners  of  the  District  of 
Columbia,  with  the  necessary  switches,  turn  outs,  and  other 
mechanical  devices,  in  the  District  of  Columbia,  through 
and  along  the  following  routes:  Beginning  at  the  dividing 
line  between  the  District  of  Columbia  and  the  State  of 
Maryland,  on  the  Bladensburg  road,  and  running  thence 
along  the  said  road  so  that  the  outer  rail  of  said  railway  ^  ' 
shall  not  be  more  than  five  feet  from  the  eastern  boundary 
of  said  Bladensburg  road,  to  H.  street  east;  thence  west  on 
H.  street  east  to  Seventh  street  east,  over  the  tracks  of  the 
Columbia  Railroad. 

Also  beginning  at  the  junction  of  Philadelphia  and 
Twelfth  streets  in  Brookland  and  running  south  along 
Twelfth  street;  thence  by  such  line  as  may  be  authorized 
by  the  Commissioners  of  the  District  of  Columbia  to  the 
intersection  of  Patterson  avenue  with  the  Fairview  road; 
thence  along  the  Fairview,  Corcoran  and  Mt.  Olivet  roads 
to  Twelfth  street  extended;  thence  along  Twelfth  street 
extended  to  the  junction  of  Twelfth  street  east  and  Florida 
avenue. 

Also  beginning  at  the  junction  of  Frankfort  and  Twenty- 
fourth  streets  in  Langdon;  thence  along  Twenty-fourth 
street  to  Cincinnati  street;  thence  along  Cincinnati  street 
to  and  across  Chapel  road  to  Lafayette  avenue;  thence 
along  Lafayette  avenue  and  in  line  to  Capitol  street,  Ivy 

93 


Routes. 


Bladensburg 


I 


Brookland. 


I 


Langdon. 


94 


LAWS   BELATING   TO   STBEET-RAILWAY   FRANCHISES. 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES. 


95 


In  Washington. 


I 


II 


City;  thence  along  Capitol  street  to  Mt.  Olivet  road- 
thence  along  Mt.  Olivet  road  to  Twelfth  street  extended  ' 
Also  from  the  intersection  of  Florida  avenue  with  Twelfth 
street  northeast,  to  H  street  northeast,  on  Twelfth  street- 
thence  west  on  H  street  over  the  tracL  of  thf^lumbk 
road  to  Seventh  street  east;  thence  south  on  SevenOi  sSeet 
by  single  track  to  G  street  east;  thence  west  on  G  street 
by  single  tra<=k  to  First  street  west;  thence  by  a  route  to  be 
kid  down  U  the  Commissioners  of  the  District  of  a,ium! 
bia  across  New  Jereey  avenue  to  the  tracks  of  the  Capitol 

tr^t.^f  fhf  l^T*''  Washington  Eailroad;  thence  onThe 
tracks  of  the  last-named  road  on  G  street  to  Fourth  street 

south  on  Fifth  street  west,  in  part  over  the  tracks  of  the 
Metropolitan  Kailroad,  to  Louisiana  avenue;  thence  south 

^tll'''^/'^K''"^u''^*''''*=K°n  Louisiana  avenue  to  a  S 
tobelocated  by  theCoramissionersof  the  Districtof  cXm 
bia  east  of  Seventh  street  west.     Returning  north-ea^teiTy 

?™.V^  T^^iS^^"*'^  ^  ^'^^^  «*••««*  ^««t;  thence  over  the 
^F^irth  ?  ^f 'oP^liten  Railroad  along  Judiciary  Square 
to  Fourth  street  west;  thence  north  on  Fourth  street  west 
by  singjle  track  to  E  street  west;  thence  east  on  E  street 
by  single  track  to  Eighth  street  e^t;  thence  north  by  sSe 

t™oLnf^!?''r  /""l^*  *\^  ^''^^t!  thence  east  over  tlie 
n?^^  of  the  Columbia  railroad  to  Twelfth  street;  thence 
an^f  on  Twelfth  street  to  Florida  avenue:  Provided,  That 
all  of  the  routes  herein  mentioned  shall  be  subiect  to  fC 
™^.L^'b7Jl.r  3X1°*  *''^Comn«issioners  of  the  District  of  Smbiat 
mtaionei.  and  those  portions  of  said  road  between  the  District  line 
and  Floncfa  avenue  shall  be  fully  constructed  before  the 
cars  of  the  said  District  of  Columbia  Suburban  Raffroad 
shall  be  run  over  any  part  of  the  said  route  within  the  limfte 
of  the  city  of  Washington ;  Whenever  a  permanent  system 

iLZ^^  ff  ^'S^T^^  ''•*."  ^*^«  been  establishef  and 
laid  out  m  the  suburban  portion  of  the  District  contiguous 
to  the  route  of  this  railroad,  said  company  shall   when 
required  by  the  Commissioners  of  the  DiW4  ™^uch 
changes  to  be  made  in  the  location  of  ite  traSsTaW  Com 
missioners  shall  require  in  order  to  make  the  routeof  saTd 
road  conform  to  such  streets  and  highway  system      Wher 
country  ™«i^  ever  the  route  of  this  road  coincidelwith  thatof  a  country 
road  the  railway  shall  be  constructed  along  and  outsMe  S 
such  road     Said  company  shall  keep  thesBace  between  its 
tracks,  and  two  feet  outside  of  its  tmcks  in  such  condUion 
as  may  be  required  by  said  Commissioners.         *=^°'*"ion 
bEC.  2.  That  said  company  may  run  nublic  onrrisKroo 
Mof^e^e.  propeHed  by  cable  electee, 'or  ofher  meTa^crrier- 
Provided;  That  if  electric  wires  or  cables  be  nspd  ^^tw 
er^o'Sn'lTntSe  Hmits  of  the  city  of  Washing  the  wireslhllf  be 
placed  underground,  and  the  power  used  shall  be  subiect 
to  the  approval  of  the  said  Commissioners;  but  nothW 
Ihi  i'  f  t  f  ^'»".  *11«^  the  use  of  steam  power  or  anrmotof 
which  shall  in  Its  operation  cause  any  noise  or  other  dis- 
turbance which  in  the  judgment  of  ^said  Commissioners 


Changes. 


der 
city. 


Crossing!. 


Terms  of  use. 


shall  be  inimical  to  the  public  safety  or  comfort:  Provided 
fwrthei\  That  for  the  purpose  of  making  a  continuous  con- 
nection the  said  company  shall  have  the  right  to  cross  all 
streets,  avenues,  and  highways  necessary  for  this  purpose: 
^ Provided,  That  whenever  the  foregoing  route  or  routes  may 
coincide  with  the  route  or  routes  of  any  duly  mcorporated^^^^^^c^**^^*^ 
street  railway  company  in  the  District  of  Columbia  the 
tracks  shall  be  used  by  both  companies,  which  are  hereby 
authorized  and  empowered  to  use  such  tracks  in  common, 
upon  such  fair  and  equitable  terms  as  may  be  agreed  upon 
by  said  companies;  and  in  the  event  the  said  companies 
fail  to  agree  upon  equitable  terms,  either  of  said  companies 
may  apply  by  petition  to  the  supreme  court  of  the  District 
of  (Jolumbia,  which  shall  immediately  provide  for  proper 
notice  to  and  hearing  of  all  parties  interested,  and  shall 
have  power  to  determine  the  terms  and  conditions  upon 
which  and  the  regulations  under  which  the  company  hereby 
incorporated  shall  be  entitled  so  to  use  and  enjoy  the  track 
of  such  other  street  railway  company,  and  the  amount  and 
manner  of  compensation  to  be  paid  therefor:  Andprovided 
further.  That  neither  of  the  companies  using  such  tracks 
'in  common  shall  be  permitted  to  make  the  track  so  used  m 
common  the  depot  or  general  stopping  place  to  await  pas- 
sengers, but  shall  only  be  entitled  to  use  the  same  for  the 
ordinary  passage  of  its  cars,  with  the  ordinary  halts  for  tak- 
ing up  and  dropping  off  passengers:  Provided,  That  this 
shall  not  apply  to  or  interfere  with  any  station  already 
established  on  any  existing  lines;  that  said  corporation  is 
authorized  and  empowered  to  propel  its  cars  over  the  line 
of  any  other  road  or  roads,  which  may  be  in  the  alignment 
with  and  upon  such  streets  as  may  be  covered  by  the  route 
or  routes  as  prescribed  in  this  act,  in  accordance  with  the 
conditions  hereinbefore  contained;  and  that  this  corpora- 
tion shall  construct  and  repair  such  portions  of  its  road  as 
may  be  upon  the  line  or  routes  of  any  other  road  thus  used; 
and  in  case  of  any  disagreement  with  any  company  whose 
line  of  road  is  thus  used,  such  disagreement  may  be  deter- 
mined summarily  upon  the  application  of  either  road  to 
any  court  in  said  District  having  competent  jurisdiction. 
Whenever  more  than  one  of  the  tracks  of  said  railway 
shall  be  constructed  on  any  of  the  public  highways  in  the . 
District,  the  width  of  space  between  the  tracks  shall  not 
exceed  four  feet,  unless  otherwise  ordered  by  the  Commis- 
sioners of  the  District  of  Columbia. 

Sec.  3.  That  said  company  shall  receive  a  rate  of  fare 
not  exceeding  five  cents  per  passenger  for  any  distance  on 
its  route  within  the  District  of  Columbia,  and  the  said 
company  may  make  arrangements  with  all  existing  railway 
companies  in  the  District  of  Columbia  for  the  interchange 
of  tickets  in  payment  of  fare  on  its  road:  Provided,  That 
within  the  District  limits  six  tickets  shall  be  sold  for   TicJcets. 

twenty -five  cents.  i      /ij. 

Sec.  4.  That  said  company  shall,  on  or  before  the  faf- 
teenth  of  January  of  each  year,  make  a  report  to  Congress, 


.1 


Repair. 


H 


Fare. 


Annual  report. 


i 


Taxes. 


: 


, 


III 


96  LAWS   BELATINa  TO   STBEET-BAILWAT   FEANCHISE8. 

.  through  the  Commissioners  of  the  DistriVf  nt  o^i u- 

operate  as  a  forfeitiirrn/  /m    '  i?    .  ^^'^"';^.  ^^^"  ^^  '^^self 

to  .be  i>L,ic.  oiTShSMi  S^teErta;," « 

and  property  of  soiH  nr»rr.r!o  ""'V'^f^^®?  ana  the  franchise 

thereof,  as  now  p.oS  byTawtnhe  safe  o?  ff,^'«*»«"«" 
erty  for  taxes;  and  said  four  per  centum  o?  ?fl^®'"  P^'^'P" 
mes  sha  I  be  in  liennf  „,i'^l*^"'-"'"<*^  its  gross  earn- 

taxes  upon  its  proMrtvutdlnl'";  '^'^f"'^^^  ot  personal 

go^"ma'terlt^?d^ra^SSatan  ,'^  '■'''^'^''^  «* 
with  the  rails  of  the  most  aDor^vpdLff     *^?'*^'^  °*''°«'' 

by  the  Commission's  of  tr''J^trDX'l;°.''-J'PP''"^«'* 
even  surface  with  the  pavement  Se  street  'an'd'^h?""  ''" 

be  bound  to  keU  'aidfra^kT^'l'^^  hereb/created  shall 
beyond  the  outer  raHsWnV»^°'i  the  space  of  two  feet 

the\^ks  atln  Sstrgood'oS^^^ 

nip-hways  throup-h  whiVh  if  rS.       "^"er  as  the  streets  and 

of  the  siid  Sis^Sners  S^,*'"^^^'^*  to  the  approval 
States  or  to  the  Set  of  ci  umbia  P""'"  *"  *'^'  "^"''^^ 

Gradeof  Street      Sim  Y     TKof  «^4.u*         .'-'^  vy^umoia. 

■"^"^'---•trictof  CokmMaat'afv'ti^^f 'f'-/^«'l.P'-«^«»*  the  Dis- 
the  giJ^Z othervviseLn^^  •**  its  option,  from  altering 


Construction, 


Paving. 


LAWS   BBLATINGh  TO   STREET-RAILWAY   FRANCHISES. 


9T 


trenches  and  excavations  in  any  of  said  streets,  or  places 
where  said  corporation  may  have  the  right  to  construct 
and  operate  its  road,  and  place  in  such  trenches  and  exca- 
vations all  needful  and  convenient  devices  and  machinery 
for  operating  said  railroad  in  the  manner  and  by  the 
means  aforesaid,  subject  to  the  approval  of  the  said  Com- 
missioners. But  whenever  such  trenches  or  excavations 
shall  interfere  with  any  sewer,  gas,  or  water  pipes,  or  any 
subways  or  conduits,  or  any  public  work  of  the  kind  which 
has  been  ordered  by  the  Commissioners,  then  the  expense 
necessary  to  change  such  underground  construction  shall 
be  borne  by  the  said  railway  company:  Provided^  That 
wherever  the  railroad  shall  be  built  along  any  road,  the .  space  between 
space  between  the  inner  rail  of  said  railroad  and  the  road- ISadway. 
way  shall  be  graded  and  put  in  good  order  for  public  use 
at  the  expense  of  the  company  and  subject  to  the  approval 
of  the  Commissioners  of  the  District  of  Columbia :  Pro- 
vided also,  That  the  construction  of  said  railroad  on  any  water  mains, 
street  where  there  are  or  may  be  any  mains,  fixtures,  or  ®^- 
apparatus  pertaining  to  the  Washington  Aqueduct  shall 
be  subject  to  such  conditions  as  may  be  approved  by  the 
Secretary  of  War,  which  conditions  must  be  obtained  and 
be  accepted  in  writing  by  said  company  before  commencing 
any  work  on  such  street;  and  no  steam  cars,  locomotives, 
or  passenger  or  other  cars  for  steam  railroads  shall  ever  be 
run  on  the  tracks  of  said  company  over  any  such  main, 
fixture,  or  apparatus.  The  said  railroad  shall  be  subject  to 
the  requirements  of  section  fixteen  of  the  act  of  Congress 
approved  February  twenty-eighth,  eighteen  hundred  and 
ninety -one,  entitled  "An  act  to  incorporate  the  Washing- 
ton and  Arlington  Railway  Company  of  the  District  of 
Columbia."  Tne  said  company  shall,  before  commencing ^j^Deposit,  for 
work  on  said  railroad  on  sucn  street,  deposit  with  the  Treas- 
urer of  the  United  States  to  the  credit  of  the  Washington 
Aqueduct  such  sum  as  the  Secretary  of  War  may  consider 
necessary  to  defray  all  the  expenses  that  may  incurred  by 
the  United  States  in  connection  with  the  inspection  of  the 
work  of  construction  of  said  railroad  on  such  street,  and 
in  making  good  any  damages  done  by  said  company,  or  its 
works,  or  by  any  of  its  contracting  agents,  to  any  of  said 
mains,  fixtures,  or  apparatus,  and  in  completing,  as  the  Sec- 
retary of  War  may  deem  necessary,  any  of  the  work  that 
the  said  company  may  neglect  or  refuse  to  complete  and 
that  the  Secretary  of  War  may  consider  necessary  for  the 
safety  of  said  mains,  fixtures,  or  apparatus,  and  the  said 
company  shall  also  deposit  as  aforesaid  such  further  sums 
for  said  purposes  at  such  times  as  the  Secretary  of  War 
may  consider  necessary:  Provided,  That  the  said  sum  shall 
be  disbursed  like  other  moneys  appropriated  for  the  Wash- 
ington Aqueduct,  and  that  whatever  shall  remain  of  said 
deposits  at  the  end  of  one  year  after  the  completion  of 
said  railroad  in  such  street  shall  be  returned  to  said  com- 
pany on  the  order  of  the  Secretary  of  War,  with  an  ac- 

16400—05 7 


\^ 


etc 


Speed. 


n 


'  -'idf 


I 


I  > 


98  LAWS   RELATING   TO   STBEET-RATLWAY   FBANOHISES. 

count  of  its  disbursement  in  detail:  And  provided  also. 
That  disbursements  of  said  deposits  shall,  except  in  cases 
of  emergency,  be  madeonlv  on  the  order  of  the  Secretary 
of  War.  The  exercise  of  the  rights  by  this  act  gmnted  are 
to  terminate  at  the  pleasure  of  the  Secretary  of  War  in  case 
of  persistent  neglect  by  said  company,  or  by  its  successors, 
to  make  the  deposits,  or  to  comply  with  any  of  the  condi- 
tions, requirements,  and  regulations  aforesaid. 
Enginehooaes.  Sec.  9.  That  it  shall  also  be  lawful  for  said  corporation, 
its  successors  or  assigns,  to  erect  and  maintain,  at  such 
convenient  and  suitable  points  along  its  lines  as  may  seem 
most  desirable  to  the  board  of  directors  of  the  said  corpo- 
ration and  subject  to  the  approval  of  the  said  Commission- 
ers, an  engine  house  or  houses,  boiler  house,  and  all  other 
buildings  necessary  for  the  successful  operation  of  a  cable- 
motor,  electric,  pneumatic,  or  other  railroad. 

Sec.  10.  That  it  shall  not  be  lawful  for  said  corporation, 
its  successors  or  assigns,  to  propel  its  cars  over  said  rail- 
road, or  any  part  thereof,  at  a  rate  of  speed  exceeding  that 
which  may  be  fixed  from  time  to  time  by  the  said  Commis- 
sioners, and  for  each  violation  of  this  provision  said  gran-, 
tees,  their  successors  or  assigns,  as  the  case  may  be,  shall 
be  subject  to  a  penalty  of  fifty  dollars,  to  be  recovered  in 
any  court  of  competent  jurisdiction  at  the  suit  of  the  Com- 
missioners of  the  said  District. 
a^diS^^pfeur  S^^-  11.  That  the  line  of  said  railway  company  shall  be 
commenced  within  six  months  and  completed  within  two 
years  from  the  passage  of  this  act,  otherwise  this  act  shall 
be  of  no  effect. 

Sec.  12.  That  said  company  is  hereby  authorized  to  issue 
its  capital  stock  to  an  amount  not  to  exceed  two  hundred 
and  fifty  thousand  dollars  in  shares  of  one  hundred  dollars 
each.  Said  company  shall  require  the  subscribers  to  the 
capital  stock  to  pay  in  cash  to  the  treasurer  appointed  by 
the  corporators  the  amounts  severally  subscribed  by  them 
as  follows,  namely:  Ten  per  centum  at  the  time  of  sub- 
scribing and  the  balance  of  such  subscription  to  be  paid 
at  such  times  and  in  such  amounts  as  the  board  of  direct- 
ors may  require;  excepting  that  fifty  per  centum  shall  be 
Eaid  in  within  twelve  months,  and  no  subscription  shall 
e  deemed  valid  unless  the  ten  per  centum  thereof  shall  be 
paid  at  the  time  of  subscribing  as  hereinbefore  provided; 
and  if  any  stockholder  shall  refuse  or  neglect  to  pay  any 
installment  as  aforesaid,  or  as  required  by  the  resolution 
of  the  board  of  directors,  after  reasonable  notice  of  the 
same,  the  said  board  of  directors  may  sell  at  public  auction, 
to  the  highest  bidder,  so  many  shares  of  his  stock  as  shall 
pay  said  instalments,  and  the  person  who  offers  to  purchase 
the  least  number  of  shares  for  the  assessment  due  shall  be 
taken  to  be  the  highest  bidder,  and  such  sale  shall  be  con- 
ducted under  such  genei-al  regulations  as  may  be  adopted 
in  the  by-laws  of  said  company;  but  no  stock  shall  be  sold 
for  less  than  the  total  assessments  due  and  payable  or  said 


Capital  stock. 


LAWS   EELATING   TO   STEEET-RAILWAY  FBAN0HI8ES 


99 


corporation  may  sue  and  collect  the  same  from  any  delin- 
quent subscriber  in  any  court  of  competent  jurisdiction. 

Sec.  13.  That  within  thirty  days  after  the  passage  of 
this  act  the  corporators  named  in  the  first  section,  their 
associates,  successors,  or  assigns,  or  a  majority  of  them, 
or,  if  any  refuse  or  neglect  to  act,  then  a  majority  of  the 
remainder,  shall  meet  at  some  convenient  and  accessible 
place  in  the  District  of  Columbia  for  the  organization  of 
said  company  and  for  the  receiving  subscriptions  to  the 
capital  stock  of  the  company:  Provided^  That  every  sub- 
scriber shall  pay  at  the  time  of  subscribing  ten  per  centum 
of  the  amount  by  him  subscribed  to  the  treasurer  appointed 
by  the  corporators,  or  his  subscription  shall  be  null  and 
void:  Provided  further^  That  nothing  shall  be  received  in 
payment  of  the  ten  per  centum  at  the  time  of  subscribing 
except  lawful  money  or  certified  checks  from  any  estab- 
lished national  bank.  And  when  the  books  of  subscrip- 
tion to  the  capital  stock  of  said  company  shall  be  closed 
the  corporators  named  in  the  first  section,  their  associates, 
successors,  or  assigns,  or  a  majority  of  them,  and  in  case 
any  of  them  refuse  or  neglect  to  act,  then  a  majority  of  the 
remainder  shall,  within  twenty  days  thereafter,  call  the 
first  meeting  of  the  stockholders  of  said  company  to  meet 
within  ten  days  thereafter  for  the  choice  of  directors,  of 
which  public  notice  shall  be  given  for  five  days  in  two 
daily  newspapers  published  in  the  city  of  Washington, 
and  by  written  personal  notice  to  be  mailed  to  the  ad- 
dress of  each  stockholder  by  the  clerk  of  the  corporation; 
and  in  all  meetings  of  the  stockholders  each  share  shall 
entitle  the  holder  to  one  vote,  to  be  given  in  person  or  by 
proxy :  Provided^  That  it  shall  be  unlawful  for  the  company 
hereby  incorporated  to  consolidate  with  any  other  railroad 
company  now  in  existence,  or  which  may  hereafter  be  char- 
tered, and  any  such  consolidation  shall  of  itself  operate  as 
a  forfeiture  of  this  charter.  Nor  shall  the  charter  or  fran- 
chise herein  granted  be  sold  or  transferred  to  any  company 
or  person  until  the  road  shall  have  been  fully  constructed. 

Sec.  14.  That  the  said  company  shall  place  first-class 
cars  on  said  railways,  with  all  the  modern  improvements 
for  the  convenience  and  comfort  of  passengers,  and  shall 
run  cars  thereon  as  often  as  the  public  convenience  may 
require;  the  time  table  or  schedule  of  time  to  be  approved 
by  the  said  Commissioners  of  the  District  of  Columbia. 

Sec.  16.  That  the  company  may  buy,  lease,  or  construct 
such  passenger  rooms,  ticket  offices,  workshops,  depots, 
lands,  and  buildings  as  may  be  necessary,  at  such  points 
on  its  line  as  may  be  approved  by  the  saia  Commissioners. 

Sec.  16.  That  all  articles  of  value  that  may  be  inadvert- 
ently left  in  any  of  the  cars  or  other  vehicles  of  the  said 
company  shall  be  taken  to  its  principal  depot  and  entered 
in  a  book  of  record  of  unclaimed  goods,  which  book  shall 
be  open  to  the  inspection  of  the  public  at  all  reasonable 
hours  of  business. 


Meetings  to  re- 
ceive subscrip- 
tions. 


Ten  per  cent 
shall  be  paid  at 
time  of  subscrib- 
ing. 

First  meeting 
of  stockholders. 


Consolidation 
with  other  roads 
forbidden. 


Sale. 


i 


Cars. 


T 


Schedule. 


Passenger 
rooms,  etc. 


Articles  left  in 
cars. 


ii 


■) 


'    I 


100 


LAWS  RELATING   TO   STREET-RAILWAY   FRANCHISES. 


Board  of  direct 

OTS. 


Officen. 


Vacancies. 


By-laws. 


m 


Annual 
ing. 


Report 


meet 


Obstruction  of 
roadway. 


M 


■ 


Crossihgs. 


Sec.  17.  That  the  government  and  direction  of  affairs  of 
the  company  shall  be  vested  in  a  board  of  directors,  nine 
m  number,  who  shall  be  stockholders  of  record,  and  who 
shall  hold  their  office  for  one  year,  and  until  others  are 
duly  elected  and  qualified  to  take  their  places  as  directors- 
and  the  said  directors  (a  majority  of  whom  shall  be  a  quo- 
rum) shall  elect  one  of  their  number  to  be  president  of  the 
board,  who  shall  also  be  president  of  the  company,  and 
they  shall  also  choose  a  vice-president,  a  secretary,  and 
treasurer,  who  shall  give  bond  with  surety  to  said  company 
in  such  sum  as  the  said  directors  mav  require  for  the  faith- 
ful discharge  of  his  trust.  In  the  case  of  a  vacancy  in  the 
board  of  directors  by  the  death,  resignation,  or  otherwise, 
of  any  director,  the  vacancy  occasioned  thereby  shall  be 
hlled  by  the  remaining  directors. 

Sec.  18.  That  the  directors  shall  have  the  power  to  make 
and  prescribe  such  by-laws,  rules,  and  regulations  as  they 
shall  deem  needful  and  proper  touching  the  disposition 
and  management  of  the  stock,  property,  estate,  and  effects 
of  the  company,  not  contrary  to  the  charter  or  to  the  laws 
of  the  United  States  and  the  ordinances  of  the  District  of 
Columbia. 

Sec.  19.  That  there  shall  be  at  least  an  annual  meeting 
of  the  stockholders  for  choice  of  directors,  to  be  holden  at 
such  time  and  place,  under  such  conditions,  and  upon  such 
notice  as  the  said  company  in  their  by-laws  may  prescribe; 
and  said  directors  shall  annually  make  a  report  in  writing 
of  their  doings  to  the  stockholders. 

Sec.  20.  That  the  said  company  shall  have  at  all  times 
the  free  and  uninterrupted  use  of  its  roadway,  and  if  any 
person  or  persons  shall  willfully,  mischievously  and  unnec- 
essarily obstruct  or  impede  the  passage  of  cars  of  said  rail- 
way company  with  a  vehicle  or  vehicles,  or  otherwise,  or 
m  any  manner  molest  or  interfere  with  passengers  or  oper- 
atives while  in  transit,  or  destroy  or  injure  the  cars  of  said 
railway  or  depots,  stations,  or  other  property  belonging  to 
said  railway  company,  the  person  or  persons  so  offending 
shall  forfeit  and  pay  for  each  such  offense  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars  to  said  com- 

giny,  to  be  recovered  as  other  fines  and  penalties  in  said 
istrict,  and  shall  remain  liable,  in  addition  to  said  pen- 
alty, for  any  loss  or  damage  occasioned  by  his  or  her  or 
their  act  as  aforesaid;  but  no  suit  shall  be  brought  unless 
commenced  within  sixty  days  after  such  offense  shall  have 
been  committed. 

Sec.  21  That  the  said  District  of  Columbia  Suburban 
Kail  way  Company  shall  have  the  right  of  way  across  such 
other  railways  as  are  now  in  operation  within  the  limits  of 
the  lines  granted  by  this  act,  and  is  hereby  authorized  to 
construct  its  said  road  across  such  other  railways  in  a 
manner  to  be  approved  by  the  Commissioners  of  the  Dis- 
trict: Provided,  That  it  shall  not  interrupt  the  travel  of 
such  other  railways  in  such  construction. 


LAWS   RELATING   TO   STREET-RAILWAY  FRANCHISES.         101 

Sec.  22.  That  no  person  shall  be  prohibited  the  right  to  f^^^^^^^^^n 
travel  on  any  part  of  said  road  or  ejected  from  the  cars  by 
the  company's  employees  for  any  other  cause  than  that  of 
being  drunk,  disorderly,  unclean,  or  contagiously  diseased, 
or  refusing  to  pay  the  legal  fare  exacted,  or  to  comply  with 
the  lawful  general  regulations  of  the  compan3^ 

Sec.  23.  That  this  act  may  at  any  time  be    altered,  ^^"^endment. 
amended,  or  repealed  by  the  Congress  of  the  United  States. 

Sec.  24.  That  in  the  event  thatthe  company  should  not  be  Landrequired. 
able  to  come  to  an  agreement  with  the  owner  or  owners  of 
any  land  through  which  the  said  road  may  be  located  to 
pass,  proceedings  for  the  condemnation  for  the  use  of  the 
company  of  so  much  of  said  land  as  may  be  required,  not 
exceeding  one  hundred  feet  in  width,  may  be  instituted  in 
the  usual  way  in  the  supreme  court  of  the  District  of  Colum- 
bia, under  such  rules  and  regulations  as  said  court  may 
prescribe  for  such  purposes. 

Approved,  July  5,  1892. 


EAST  WASHINGTON  HEIGHTS  TRACTION  BAILEOAB     June  is.  im. 

COMPANY. 

AN  ACT  To  incorporate  the  East  Washington  Heights  Traction  Rail- 
road Company  in  the  District  of  Columbia. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  corporators. 
of  the  United  States  of  America  in  Congress  asse^nbled',  That 
James  G.  Berret,  Archibald  M.  Bliss,  George  S.  Boutwell, 
WilHam  Corcoran  Hill,  Brainard  H.  Warner,  John  A. 
Baker,  Samuel  Cross,  T.  E.  Roessle,  William  H.  Rapley, 
John  T.  Devine,  Chester  A.  Snow,  Charles  T.  Havenner, 
Charles  A.  Barker,  Henry  P.  Blair,  Charles  L.  Du  Bois, 
W.  N.Morrison,  Appleton  P.  Clark,  junior,  Henry  Brock, 
C.  C.  Lancaster,  George  H.  Judd,  D.  C.  Fountain,  Thomas 
E.  Young,  Phillips  Clark,  Thomas  J.  Brown,  R.  F.  Brad- 
bury, Henry  Nay  lor,  all  of  Washington,  District  of  Colum- 
bia; Albert  W.  Fletcher,  Chauncey  Marshall,  William  B. 
Duncan,  junior,  Edward  C.  Potter,  Jacob  J.  Leeds,  Edward 
H.  Claris,  J.  P.  Livingston,  of  New  York  City;  ErwinC. 
Carpenter,  James  S.  Dyett,  of  Rome,  New  York;  Arthur 
Mahoney,  of  Brooklyn,  New  York;  Philemon  L.  Hoadley, 
of  Newark,  New  Jersey,  and  their  associates  and  assigns, 
be,  and  they  are  hereby,  created  a  body  corporate  under 
the  name  of  the  East  Washington  Heights  Traction  Rail- 
road Company  of  the  District  of  Columbia,  and  by  that 
name  shall  have  perpetual  succession,  and  shall  be  able  to 
sue  and  be  sued,  plead  and  be  impleaded,  defend  and  be 
defended,  in  all  courts  of  law  and  equity  within  the  United 
States,  and  may  make  and  have  a  common  seal;  and  said 
corporation  is  hereby  authorized  to  construct  and  lay  down 
a  single  or  double  track  street  railway,  with  the  necessary 
switches,  turn-outs,  and  other  mechanical  devices,  in  the  Dis- 
trict of  Columbia,  through  and  along  the  following  routes: 


it 


l^i 


f 


l# 


.  1 


102        LAWS   RELATING   TO   8TBEET-BAILWAY   FRANCHISES. 


Boute. 


I 


II 


Beginning  at  the  circle  at  the  western  approach  to  the 
Pennsylvania  Avenue  Bridge,  at  a  point  to  be  fixed  by  the 
Commissioners  of  the  Districtof  Columbia:  Provided,  That 
this  terminus  be  constructed  in  accordance  with  plans  to  be 
approved  by  the  Commissioners  of  the  District  of  Colum- 
bia, with  a  loop  or  passenger  station,  or  both,  as  may  be 
considered  by  them  necessary  for  the  interests  and  con- 
venience of  the  public;  thence  across  the  Anacostia  or  East- 
ESif^B.SJch'f'?  ^/"^Ift  «f  the  Potomac  River,  on  a  bridge  or  trestle 
to  be  built  by  the  said  company  in  accordance  with  plans  to 
be  approved  by  the  Secretary  of  War;  thence  along  Penn- 
svlvania  avenue  extended  to  Branch  avenue;  thence  along 
Branch  avenue  to  the  Bowen  road  or  Albany  street;  thence 
along  the  Bowen  road  or  Albany  street  to  the  settlement 
known  as  Good  Hope;  also  from  the  intersection  of  Branch 
avenue  and  the  Bowen  road  to  the  District  line,  by  a  route 
to  be  approved  by  the  Commissioners  of  the  District  of 
Columbia;  also  from  the  intersection  of  Minnesota  avenue 
with  Pennsylvania  avenue  extended  along  Minnesota  ave- 
nue to  Harrison  street;  also  from  the  intersection  of  Penn- 
sylvania avenue  extended  and  Twenty-eighth  street  north- 
ward to  the  Anacostia  road;  thence  along  said  Anacostia 
road  to  a  point  to  be  fixed  bv  the  Commissioners  of  the 
District  of  Columbia  opposite  the  settlement  known  as  East 
Washington  Park. 

Qaxm^%^^^  1  ^^^'  ^*  That  when  the  route  described  coincides  with 
that  of  a  country  road  of  less  width  than  sixty-six  feet  the 
railway  shall  be  constructed  entirely  outside  the  road:  Pro- 
mded.  That  if  at  any  time  in  the  future  any  part  of  the 
right  of  way  of  the  company  shall  be  included  within  the 
lines  of  public  highways,  such  part  of  said  right  of  way 
shall  be  dedicated  to  the  public  without  expense  to  the 
District  of  Columbia. 

Sec.  3.  That  the  said  railway  shall  be  constructed  in  a 
substantial  and  durable  manner,  and  all  rails,  electrical 
and  mechanical  appliances,  conduits,  stations,  and  so  forth 
shall  be  approved  by  the  Commissioners  of  the  District  of 
Columbia. 

cemtotoa^ks?*'  ,^^^'  ^'  '^h^*'  *h®  said  corporation  shall  at  all  times  keep 
the  space  between  its  tracks  and  rails  and  two  feet  exterior 
thereto  in  such  condition  as  the  Commissioners  of  the  Dis- 
trict of  Columbia  or  their  successors  may  direct;  and  when- 
ever any  street  occupied  by  said  railway  is  paved  or  repaired 
or  otherwise  improved  the  said  corporation  shall  bear 
all  the  expense  of  improving  the  spaces  above  described, 
bhould  the  corporation  fail  to  comply  with  the  orders  of 
the  Commissioners  the  work  shall  be  done  by  the  proper 
officials  of  the  District  of  Columbia  and  the  amounts  due 
from  said  corporation  shall  be  collected  as  provided  by  sec- 
tion five  of  the  Act  entitled  "An  Act  providing  a  per- 
manent form  of  government  for  the  District  of  Columbia  " 
approved  June  eleventh,  eighteen  hundred  and  seventy- 


Dedication. 

Appliances. 


LAWS  RELATING  TO  STREET-RAILWAY  FRANCHISES.        103 


Sec.  5.  That  nothing  in  this  Act  shall  prevent  the  Dis- 
trict of  Columbia  at  any  time,  at  its  option,  from  altering 
the  grade  of  any  avenue,  street,  or  highway  occupied  by 
said  railway  or  from  altering  and  improving  streets,  ave- 
nues, and  highways  and  the  sewerage  thereof.  In  such 
event  it  shall  be  the  duty  of  said  company  at  once  to  change 
its  said  railway  and  the  pavement  so  as  to  conform  to  such 
grades  and  improvements  as  may  have  been  established. 

Sec.  6.  That  it  shall  be  lawful  for  said  railway  company, 
its  successors  or  assigns,  having  first  obtained  the  permis- 
sion of  the  District  Commissioners  therefor,  to  naake  all 
needful  and  convenient  trenches  and  excavations  in  any  of 
said  streets  or  places  where  said  railway  companv  may 
have  the  right  to  construct  and  operate  its  road,  and  place 
in  such  trenches  and  excavations  all  needful  and  convenient 
devices  and  machinery  for  operating  said  railroad  in  the 
same  manner  and  by  the  means  herein  provided,  but  shall 
forthwith  restore  the  street  to  like  good  condition  as  it 
was  before.  But  whenever  such  trenches  or  excavations 
shall  interfere  with  any  sewer,  gas,  or  water  pipes,  or  any 
subways  or  conduits,  or  any  public  work  of  the  kind,  then 
the  expense  necessary  to  change  such  underground  con- 
structions shall  be  borne  by  the  said  railway  company. 

Sec.  7.  That  it  shall  also  be  lawful  for  said  corporation, 
its  successors  or  assigns,  to  erect  and  maintain,  on  private 
grounds,  at  such  convenient  and  suitable  points  along  its 
fines  as  may  seem  most  desirable  to  the  board  of  directors 
of  the  said  corporation,  and  subject  to  the  approval  of  the 
said  Commissioners,  an  engine  house  or  houses,  boiler 
house,  and  all  other  buildings  necessary  for  the  successful 
operation  of  the  said  railroad. 

Sec.  8.  That  the  line  of  the  said  railroad  shall  be  com- 
menced within  one  year  and  completed  within  two  years 
from  date  of  the  passage  of  this  Act;  and  in  default  of  such 
commencement  or  completion  within  the  time  in  this  sec- 
tion specified,  all  rights,  franchises,  and  privileges  granted 
bv  thisActshall  immediately  cease  anddeter^line;P/'(w^<^<?, 
Tliat  failure  to  commence  to  construct  or  to  complete  either 
of  the  said  portions  of  the  routes  as  provided  for  in  sec- 
tion one  of  this  Act  shall  operate  to  repeal  the  authority 
to  build  said  portion  or  portions,  and  shall  not  repeal  the 
charter  of  said  company :  Provided^  however^  That  the  said 
railroad  shall  be  commenced  and  completed  within  the  time 
aforesaid  from  the  circle  at  the  western  approach  to  the 
Pennsylvania  Avenue  Bridge  to  the  District  line  as  here- 
inbefore provided. 

Sec.  9.  That  the  said  company  may  run  its  cars  by  the 
overhead-trolley  electric  system,  or  such  other  electric  or 
mechanical  system  as  the  Commissioners  of  the  District  of 
Columbia  may  approve.  Steam  power  shall  not  be  used: 
Provided,  That  if  electric  power  by  trolley  be  used  a  return 
wire  similar  in  capacity  and  insulation  to  the  feed  wire 
shall  be  provided,  and  each  car  shall  be  provided  with  a 


Change 
grades. 


of 


Excavations. 


Underground 
work. 


Engine  houses, 
etc. 


I 


Time  of  com- 
pletion. 


Failure. 


Overhead-trol- 
ley. 


No 
power. 


steam 


11 


104        LAWS  BELATISG  TO  STEEET-BAILWAY  PEANCmSES. 

double  trolley,  and  no  pole  of  any  dynamo  furnishing  power 
to  the  railway  shall  be  connected  with  the  earth:  Aamded 
/uriAer,  That  for  the  purpose  of  making  a  continuous  con- 
nection over  the  route  hereinbefore  described  the  said 
company  shall  have  the  right  to  cross  all  streets,  avenues, 
coinciding*^„^jg5'^*y«, /•»«*  may  be  along  the  designated  route: 
rcmtM.  ±^omded  further.  That  whenever  the  foregoing  route  or 

routes  may  coincide  with  the  route  or  routes  of  anv  dulv 
incorporated  street  railway  company  in  the  District  of  Co- 
lumbia the  tracks  shall  be  used  by  both  companies,  which 
are  hereby  authorized  and  empowered  to  use  such  tracks 
in  common,  upon  such  fair  and  equitable  terms  as  mav  be 
agreed  upon  by  said  companies;  and  in  the  event  the  said 
companies  fail  to  agree  upon  equitable  terms,  ei  her  of  said 
companies  may  apply  by  petition  to  the  supreme  court;  of 
the  District  of  Columbia,  which  shall  immeSiatelv  provide 
for  proper  notice  to  and  hearing  of  all  parties  interested, 
and  shall  have  power  to  determine  the  terms  and  condi- 
tions upon  which,  and  the  regulations  under  which,  the 
company  hereby  incorporated  shall  be  entitled  so  to  use 
and  enjoy  the  track  of  such  other  street  railway  companv 
and  the  amount  and  manner  of  compensation  to  be  paid 
t\i^v^iov:  And  prmiidM  fuHher,  That  neither  of  the  com- 
panies using  such  track  in  common  shall  be  permitted  to 
make  the  track  so  used  in  common  the  depot  or  general 
stopping  place  to  await  passengers,  but  shall  only  be  enti- 
«ed  to  use  the  same  for  the  ordinary  passage  of  its  cars, 
with  the  ordinary  halts  for  taking  up  and  dropping  off 
passengers:  Promded  further.  That  this  shall  not  appiv  to 
or  interfere  with  any  station  already  established  on  anv 
existing  lines.     That  said  corporation  is  authorized  and 
empowered  to  propel  its  cars  over  the  lines  of  any  other 
road  or  roads  whict  may  be  in  alignment  with,  and  upon 

prescribe  m  this  Act,  in  accordance  with  the  conditions 
hereinbefore  contained;  and  that  this  corporation  shall 
construct  and  repair  such  portions  of  its  road  as  may  be 
upon  the  line  or  routes  of  any  other  road  thus  used;  and  in 
case  of  any  disagreement  with  any  company  whose  line  of 
road  IS  thus  used  such  disagreement  may  be  summarily 
determined  upon  the  application  of  either  road  to  any  court 
p.^enger""!*'*^  District  having  competent  jurisdiction. 


housea 


Can. 


Sec.  10.  That  the  saldcompny  shall  furnish  and  main- 

f^^J^lF''  ''°"^^'  Pro^'dedwith  such  conveniences 
for  the  public  as  required  by  the  Commissioners  of  the  Dis- 
trict of  Columbia  and  shall  use  first-class  cars  on  said  rail- 
way with  all  modern  improvements  for  the  convenience, 
X       Vk        ur^*^  °'  passengers,  and  shall  run  cars  as 
often  as  the  public  convenience  may  require,  in  accordance 
with  a  time-table,  to  be  sub  ect  to  tfie  approval  of  the 
^      ,_       Commissioners  of  the  District  of  Columbia 
to  regulate,    ''fV*  ^^*  ^"a*  •'''^  Commissioners  of  the  District  of  fV>- 
■peed.  e!o.        lumbia  may  make  such  regulations  as  to  the  »peed,  mode 
of  use  of  tracks,  and  the  removal  of  ice  and  snow  as  in 


Time-table. 


LAWS  BELATING  TO   STREET-RAILWAY   FRANCHISES.         106 


their  judgment  the  interest  and  the  convenience  of  the  pub- 
lic may  require.  Should  the  servants  or  the  agents  of  said 
company  willfully  or  negligentlv  violate  such  an  ordinance 
or  regulation,  said  company  shall  be  liable  to  the  District  of 
Columbia  for  a  penalty  not  exceeding  five  hundred  dollars. 

Sec.  12.  That  within  thirty  days  after  the  passage  of 
this  Act  the  corporators  named  in  the  first  section,  their 
associates,  successors,  or  assigns,  or  a  majority  of  them, 
or,  if  any  refuse  or  neglect  to  act,  then  a  majority  of  the 
remainder,  shall  meet  at  some  convenient  and  accessible 
place  in  the  District  of  Columbia  for  the  organization  of 
said  company  and  for  the  receiving  of  subscnptions  to  the 
capital  stock  of  the  company:  Provided^  That  every  sub- 
scriber shall  pay  at  the  time  of  subscribing  ten  per  centum 
in  cash  of  the  amount  by  him  subscribed  to  the  treasurer 
appointed  by  the  corporation,  or  his  subscription  shall  be 
null  and  void:  Provided  further^  That  nothing  shall  be  re- 
ceived in  payment  of  the  ten  per  centum  at  the  time  of 
subscribing  except  lawful  monej^  or  certified  checks  from 
any  established  national  bank.  And  when  the  books  of 
the  subscription  to  the  capital  stock  of  said  company  shall 
be  closed  the  corporators  named  in  the  first  section,  their 
associates,  successors,  or  assigns,  or  a  majority  of  them, 
and  in  case  any  of  them  refuse  or  neglect  to  act,  then  a 
majority  of  the  remainder,  shall,  within  twenty  days  after, 
call  the  first  meeting  of  the  stockholders  of  the  said  com- 
pany to  meet  within  ten  days  thereafter  for  the  choice  of 
directors,  of  which  public  notice  shall  be  given  for  ^yq 
days  in  two  daily  newspapers  published  in  the  city  of  Wash- 
ington, and  by  written  personal  notice  to  be  mailed  to  the 
address  of  each  stockholder  by  the  clerk  of  the  corpora- 
tion; and  in  all  meetings  of  the  stockholders  each  share 
shall  entitle  the  holder  to  one  vote,  to  be  given  in  person 
or  by  proxy. 

Sec.  13.  That  the  government  and  direction  of  affairs  of 
the  company  shall  be  vested  in  a  board  of  directors,  nine 
in  number,  who  shall  be  stockholders  of  record,  and  who 
shall  hold  their  office  for  one  year,  and  until  others  are 
duly  elected  and  qualified  to  take  their  places  as  directors; 
and  the  said  directors,  a  majority  of  whom  shall  be  a  quo- 
rum, shall  elect  one  of  their  number  to  be  president  of  the 
board,  who  shall  also  be  president  of  the  company,  and 
they  shall  also  choose  a  vice-president,  a  secretary,  and  a 
treasurer,  who  shall  give  bond  with  surety  to  said  company, 
in  such  sums  as  the  said  directors  may  require,  for  the 
faithful  discharge  of  his  trust.  In  the  case  of  a  vacancy 
in  the  board  of  directors  by  the  death,  resignation,  or 
otherwise  of  any  director  the  vacancy  occasioned  thereby 
shall  be  tilled  by  the  remaining  directors. 

Sec.  14.  That  the  dii-ectors  shall  have  the  power  to  make 
and  prescribe  such  by-laws,  rules,  and  regulations  as  they 
shall  deem  needful  and  proper  touching  the  disposition 
and  management  of  the  stock,  property,  estate,  and  effects 
of  the  company  not  contrary  to  the  charter  or  to  the 


Penalty. 


Oiganization. 


\% 


Directors. 


Officers. 


By-laws. 


I'M 


iW 


i   i 


106        LAWS    RELATING   TO   STREET-RAILWAY   FEANCHISES. 


:  -If 

I    § 


Annual 
ing. 


meet 


Capital  stock 


Bonds. 


Lost  articles. 


Franchise  tax. 


Real  estate. 


laws  of  the  United  States  and  the  ordinances  of  the  District 
of  Columbia. 

Sec.  15.  That  there  shall  be  at  least  an  annual  meeting 
of  the  stockholders  for  choice  of  directors,  to  beholden  at 
such  tune  m  the  District  of  Columbia,  under  such  condi- 
tions, and  upon  such  notice  as  the  said  company  in  their 
by-laws  may  prescribe;  and  said  directors  shall  annually 
make  a  report  in  writing  of  theirdoings  to  the  stockholders. 
Sec.  16.  That  said  company  is  hereby  authorized  to 
issue  its  capital  stock  to  an  amount  not  to  exceed  the  esti- 
mated cost  of  the  construction  and  equipment  of  the  road 
in  shares  of  fifty  dollars  each,  and  to  issue  bonds  not  to 
exceed  the  cost  of  construction  of   the  road,  but  such 
stock  and  bonds  shall  not  exceed  in  the  aggregate  more 
than  the  actual  cost  of  the  right  of  way,  construction 
and  equipment  of  said  road.     Said  company  shall  re- 
quire   the    subscribers    to  the  capital  stock  to  pay  in 
cash  to  the  treasurer  appointed  by  the  corporators  the 
amounts  severally  subscribed  by  them,  as  follows,  namely: 
Ten  per  centum  at  the  time  of  subscribing  and  the  balance 
of  such  subscription  to  be  paid  at  such  times  and  in  such 
amounts  as  the  board  of  directors  may  require;  and  no  sub- 
scription shall  be  deemed  valid  unless  the  ten  per  centum 
thereof  shall  be  paid  at  the  time  of  subscribing,  as  here- 
inbefore provided;  and  if  any  stockholder  shall  refuse  or 
neglect  to  pay  any  installment  as  aforesaid,  or  as  required 
by  the  resolution  of  the  board  of  directors,  after  reason- 
able notice  of  the  same,  the  said  board  of  directors  may 
sell  at  public  auction,  to  the  highest  bidder,  so  many 
shares  of  his  stock  as  shall  pay  said  installments,  and  the 
person  who  offers  to  purchase  the  least  number  of  shares 
u?L        assessment  due  shall  be  taken  to  be  the  highest 
bidder,  and  such  sale  shall  be  conducted  under  such  general 
regulations  as  may  be  adopted  in  the  by-laws  of  the  said 
company;  but  no  stock  shall  be  sold  for  less  than  the  total 
assessments  due  and  payable,  or  said  corporation  may  sue 
and  collect  the  same  from  any  delinquent  subscriber  in  any 
court  of  competent  jurisdiction:  Provided,  That  no  certi- 
ficates of  stock  shall  be  issued  until  the  same  has  been  paid 
for  in  money  at  its  face  value. 

Sec.  17.  That  all  articles  of  value  that  may  be  inadver- 
tently left  in  any  of  the  cars  or  other  vehicles  of  the  said 
company  shall  be  taken  to  its  principal  depot  and  entered 
in  a  book  of  record  of  unclaimed  goods,  which  book  shall 
be  open  to  the  inspection  of  the  public  at  all  reasonable 
hours  of  business. 

Sec.  18.  That  the  East  Washington  Heights  Traction 
Company  shall  annually  pay  to  the  District  of  Columbia  a 
franchise  tax  of  five-eighths  of  one  per  centum  of  the 
entire  gross  earnings  of  such  company,  and  a  personal  tax 
of  two  per  centum  per  annum  on  the  entire  gross  earnings 
of  said  company.  There  shall  also  be  levied  and  collected 
upon  all  of  the  real  estate  of  said  company  a  tax  in  the 
same  manner  and  to  the  same  extent  as  upon  all  other  real 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.         107 

estate  in  the  District  of  Columbia;  said  taxes  shall  be  due 
and  payable,  subject  to  the  same  penalties  on  arrears,  and 
collectible  in  the  same  manner  as  other  taxes  in  the  Dis- 
trict of  Columbia. 

Sec.  19.  That  said  company  shall  receive  a  rate  of  fare  ^are. 
not  exceeding  five  cents  per  passenger;  but  six  tickets 
shall  be  sold  for  twenty-five  cents:  Provided^  That  the 
said  company  and  the  Capital  Traction  Company  are 
hereby  required  to  issue  free  transfers,  whereby  a  passen-  Free  transfers, 
ger  on  the  said  East  Washington  Heights  Traction  Com- 
pany shall  be  entitled  to  a  continuous  ride  over  the  line  of 
the  other  company,  or  vice  versa. 

Sec.  20.  That  the  said  company  shall  have  at  all  times  ^J^^^use  of 
the  free  and  uninterrupted  use  of  the  roadway,  subject  to 
the  rights  of  the  public,  and  if  any  person  or  persons  shall 
willfully,  mischievously,  and  unlawfully  obstruct  or  im- 
pede the  passage  of  cars  of  said  railway  company  with  a 
vehicle  or  vehicles,  or  otherwise,  or  in  any  manner  molest 
or  interfere  with  passengers  or  operatives  while  in  transit, 
or  destroy  or  injure  the  cars  of  said  railway,  or  depots, 
stations,  or  other  property  belonging  to  the  said  railway 
company,  the  person  or  persons  so  offending  shall  forfeit 
and  pay  for  each  such  offense  not  less  than  twenty-five  nor 
more  than  one  hundred  dollars,  to  be  recovered  as  other 
fines  and  penalties  in  said  District,  and  shall  remain  liable, 
in  addition  to  said  penalty,  for  any  loss  or  damage  occa- 
sioned by  his  or  her  or  their  act  as  aforesaid;  but  no  suit 
shall  be  brought  unless  commenced  within  sixty  days  after 
such  offense  shall  have  been  committed. 

Sec.  21.  That  the  East  Washington  Heights  Traction  ^^^ghtof^way 
Company  shall  have  the  right  of  way  across  such  other  lines, 
railways  as  are  now  in  operation  within  the  limits  of  the 
lines  granted  by  this  Act,  and  is  hereby  authorized  to  con- 
struct its  said  road  across  such  other  railways:  Provided^ 
That  it  shall  not  interrupt  the  travel  of  such  other  rail- 
ways in  such  construction. 

Sec.  22.  That  no  person  shall  be  prohibited  the  right  to^^ection  from 
travel  on  any  part  of  said  road,  or  be  ejected  from  the  cars 
by  the  company's  employees,  for  any  other  cause  than  that 
of  being  drunk,  disorderly,  or  contagiously  diseased,  or 
refusing  to  pay  the  legal  fare  exacted,  or  to  comply  with 
the  lawful  general  regulations  of  the  company. 

Sec.  23.  That  in  the  event  the  company  should  not  be  Right  of  way. 
able  to  come  to  an  agreement  with  the  owner  or  owners 
of  any  land  through  which  the  said  road  mav  be  located  or 
pass,  or  which  may  be  needed  for  terminal  facilities  and 
passenger  stations,  proceedings  for  the  condemnation  for^j^^"^®™***- 
the  use  of  the  company  of  so  much  of  said  land  as  may  be 
required,  not  exceeding  twenty  feet  in  width  for  a  right 
of  way,  and  such  tracts  as  may  be  necessary  for  terminal 
facilities  and  passenger  stations,  may  be  instituted  in  the 
usual  way  in  tne  supreme  court  of  the  District  of  Colum- 
bia, under  such  rules  and  regulations  as  said  court  may 


III 


ti 


111 


li. 


I  J' 


108 


i  f 


Plans. 


Successors. 


Deposit  to 
guarantee  con- 
struction. 


Penalty  clause 


Forfeiture 
charter. 


LAWS  RELATING   TO   8TREET-BAILWAY   FRANCHISES. 

prescribe  for  such  purposes:  Provided,  That  any  property 
owner  shall  have  the  right  of  trial  by  jury  in  such  issue. 

Sec.  24.  That  all  plans  of  location  and  construction  of 
tracks  and  other  structures  in  public  places  pertaining  to 
said  railway  shall  be  subject  to  the  approval  of  the  Com- 
missioners of  the  District  of  Columbia,  and  all  work  thereof 
shall  at  all  times  be  subject  to  their  supervision.  The  said 
company  shall,  from  time  to  time,  deposit  with  the  col- 
lector of  taxes  of  the  District  of  Columbia  such  amounts 
as  may  be  deemed  necessary  by  said  Commissioners  to 
cover  the  costs  of  inspection,  supervision,  changes  to  water 
pipes  and  sewer  connections,  changes  of  curb  and  pave- 
ment, and  work  not  otherwise  provided  for,  which  may  be 
made  necessary  by  the  location  or  grade  of  said  railway. 
Any  unexpended  balance  remaining  after  the  construction 
of  said  road  shall  be  returned  to  said  company  with  an 
account  in  full  of  the  disbursement  of  such  deposits. 

Sec.  25.  That  all  the  conditions,  requirements,  and 
obligations  imposed  by  the  terms  of  this  Act  upon  the 
East  Washington  Heights  Traction  Company  shall  be  com- 
plied with  by  any  and  all  the  successors  to  and  assigns  of 
said  company. 

Sec.  26.  That  within  sixty  days  from  the  approval  of 
this  Act  the  company  shall  deposit  one  thousand  dollars 
with  the  collector  of  taxes  of  the  District  of  Columbia  to 
guarantee  the  construction  of  its  railway  within  the  pre- 
scribed time.  If  this  sum  is  not  so  deposited  this  charter 
shall  be  void.  If  the  sum  is  so  deposited  and  the  road  is 
not  in  operation  as  herein  prescribed,  said  one  thousand 
dollars  shall  be  forfeited  to  the  District  of  Columbia  and 
this  charter  shall  be  void. 

Sec.  27.  That  failure  or  neglect  to  comply  with  any  of 
the  provisions  of  this  Act,  except  as  hereinbefore  provided 
for,  shall  render  the  said  corporation  liable  to  a  fine  of 
twenty -five  dollars  for  each  and  every  dav  during  which 
such  failure  or  neglect  shall  continue,  which  penalty  may 
be  recovered  in  the  name  of  the  District  of  Columbia  by 
the  Commissioners  of  the  said  District  in  any  court  of 
of  competent  jurisdiction:  Provided,  hmvever,  That  unless 
the  line  of  the  said  railway  shall  be  completed,  with  cars 
running  regularly  thereon  for  the  accommodation  of  pas- 
sengers, within  two  years  from  the  date  of  the  passage  of 
this  Act,  this  charter  shall  be  null  and  void. 

Sec.  28.  That  Congress  reserves  the  right  to  alter,  amend, 
or  repeal  this  Act. 

Approved,  June  18,  1898. 


April  30, 1900.  ^^  ^Qrp  T^j  amend  the  charter  of  the  East  Washington  Heights  Trac- 
tion Railroad  Company. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
ofths  United  States  of  Am^frica  in  Congress  assembled.  That 
the  charter  of  the  East  Washington  Heights  Traction  Rail- 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


road  Company,  of  the  District  of  Columbia,  be,  and  the 
same  is  hereby,  amended  so  as  to  authorize  and  permit  the 
said  company  to  lay  down  its  tracks  and  operate  its  cars 
from  its  present  authorized  terminus  at  the  western  ap- 
proach to  the  Pennsylvania  Avenue  Bridge,  as  provided 
in  section  one  of  the  Act  of  incorporation;  thence  north 
on  Seventeenth  street  east  to  East  Capitol  street;  thence 
west  on  East  Capitol  street  to  Fifteenth  street  east,  con- 
necting with  the  Metropolitan  Railway;  also  from  the 
intersection  of  Minnesota  avenue  and  Harrison  street 
thence  westerly  on  Harrison  street  to  Pierce  street;  thence 
southerly  on  Pierce  street  to  Jackson  street;  thence  west- 
erly along  Jackson  street  to  Monroe  street;  also  north- 
ward on  Minnesota  avenue  as  laid  down  on  the  highway- 
extension  plans,  to  connect  with  the  Columbia  Railway  at 
Benning,  over  a  route  and  at  a  point  acceptable  to  and  ap- 
proved by  the  Commissioners  of  the  District  of  Columbia. 

Sec.  2.  That  the  time  within  which  the  East  Washington 
Heights  Traction  Railroad  Company  is  required  to  com- 
plete and  put  in  operation  its  railway  be,  and  the  same  is 
hereby,  extended  for  the  term  of  two  years  from  the  eight- 
eenth day  of  June,  nineteen  hundred:  Provided^  That  if 
within  two  years  from  the  date  of  the  passage  of  this  Act 
the  Washington  and  Marlboro  Railroad  Company  shall 
build  its  lines  into  and  within  the  District  of  Columbia, 
then  said  company  shall  have  the  right  to  use  such  of  the 
routes  in  this  Act  provided  for  as  may  coincide  with  the 
route  provided  for  m  the  charter  of  the  said  Washington 
and  Marlboro  Railroad  Company. 

Sec.  3.  That  Congress  reserves  the  right  to  alter,  amend, 
or  repeal  this  Act. 

Approved,  April  30,  1900. 


109 


Routes  extend- 
ed into  city. 


To  connect 
with  Metropoli- 
tan Railway. 


To  connect 
with  Columbia 
Railway  at  Ben- 
ning. 


Time  extended. 

Washington 
and  Marlboro. 


mk 


AN  ACT  To  extend  the  time  for  the  construction  of  the  East  Wash-     July  1.1902. 
ington  Heights  Traction  Railroad  Company. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That  Time  extended, 
the  time  within  which  the  East  Washington  Heights  Trac- 
tion Railroad  Company  is  required  to  complete  and  put  in 
operation  its  railwav  be,  and  the  same  is  hereby,  extended 
for  the  term  of  twelve  months  from  the  eighteenth  day  of 
June,  nineteen  hundred  and  two:  Provided,  That  the  said  ^^JJ^^^^^en 
railroad  company  is  authorized  and  empowered  to  extend  vania  Avenue 
its  lines  by  single  track  across  the  Pennsylvania  avenue  ^^^®- 
bridge  to  connect  with  the  eastern  terminus  of  the  Capital 
Traction  Company,  under  such  conditions  as  the  Commis- 
sioners of  the  District  of  Columbia  may  prescribe,  the 
plans  and  specifications  to  be  approved  by  and  the  con- 
struction to  be  under  the  supervision  of  the  Commissioners   ^^  ^^^  ^^^ 
of  the  District  of  Columbia,  and  the  said  railway  company  half  cost  of  main- 
shall  bear  one-half  of  the  cost  of  maintenance  and  repair  {Sr.°^^  ^^  ^ 


)  \\ 


ifi 


110 


LAWS  BELATING   TO   STBEET-RAILWAT   FRANCHISES. 

pf  said  bridge  in  like  manner  and  under  the  same  condi- 
tions as  are  now  provided  by  law  as  to  bridges  across  Rock 
Creek  occupied  by  the  tracks  of  street  railways. 

or  re^i  m^'A^"^''''  ''''''^ *^ "^^* *° ^^'^''  ^^-'^^ 
Approved,  July  1,  1902. 


ed 


I: 


^^""■'"^  AN  ACT  To  extend  the  time  for  «,mpletion  of  the  East  Washmgton 

Heights  Traction  Railroad  Company.  '"^""» 

«/-Mtfew  i*?  <A*  &wafe  and  Home  of  Represmtativea 
Time  „.».  %i'f.^''^*fi?^*f^.'>f^^'^cainCongre8saM^hled,  That 
Time  extend- the  time  Within  which  the  East  Washington  Heights  Trac- 

^1°.^  *?f^  Company  is  required  to  complete  and  put  in 
Zf^i'?  '^  i^ilway  be,  and  the  same  hereby  is,  extended 
i«i«e.  Act-  AW.^  eighteen  months  from  the  passage  of  this 
Act.  riomded,  That  failure  to  complete  any  portion  of 
the  routes  as  provided  in  the  charter  of  siid^  company 
within  the  tune  herein  limited  shall  opemte  to  repeaf  thi 

c.nnect.n»"LTf    *^***'  ^f^^  ^"''^  P""""""  and"  shall  not  re^al  the 
coVpSS/^'iSf  charter  of  said  company;  and  that  any  connecting  com- 
pany  may  lease  or  purchase  the  portion  of  said  routes 
wbch  IS  completed  withm  the  said  eighteen  months. 

or^rejeai  thKt."^'"''''  "''"*'  *''  "^'^^  "^  ''*^''  «"«°<J' 
Approved,  April  26,  1904. 


u 


to 


ECKINGTON  AND  SOLDIERS'  HOME  RAILWAY  COMPANY. 

AN  ACT  To  incorporate  the  Eckington  and  Soldiers'  Home  Railway    June  19, 1888. 
Company  of  the  District  of  Columbia.  stats.  25,  p.  190. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  Americain  Congress  assembled.  That  g^EcWngton  and 
Edward  F.  Beale,  Edward  C.  Dean,  A.  L.  Barbour,  George  Railway  co.,  m- 
Truesdell,  James  L.  Barbour,  George  E.  Moore,  Charles  J^'eg^^^/ ®  ^ 
C.  Duncanson,  Michael  Connor,  and  Joseph  Paul,  of  the 
District  of  Columbia,  and  their  associates,  successors,  and 
assigns,  be,  and  they  are  hereb}^  created  a  body  corporate 
under  the  name  of  the  Eckington  and  Soldier's  Home  Rail- 
way Company  of  the  District  of  Columbia,  with  authority 
to  construct  and  lay  down  a  single  or  double-track  railway, 
with  the  necessary  switches,  turn-outs,  and  other  mechan- 
ical devices  and  sewer  connections  necessary  to  operate  the 
same  by  horse,  cable,  or  electric  power,  in  the  District  of  (amendldj^^®' 
Columbia  through  and  along  the  following  avenues,  streets, 
and  highways:  Commencing  on  New  York  avenue  at  its    Route (amend- 
intersection  with  Seventh  street,  northwest,  thence  east-  ^ 
wardly  along  said  avenue  to  its  intersection  with  Third 
street,  northeast,  thence  along  Third  street  north  to  T 
street,  thence  east  to  fourth  street  with  the  privilege  of 
extending  the  same  northwardly  along  Fourth  street  to 
the  Bunker  Hill  road  within  one  year  after  said  Fourth 
street  shall  have  been  opened  and  graded:  Provided^  That 
in  order  to  avoid  crossing  the  Baltimore  and  Ohio  Railroad, 
the  District  Commissioners  may,  if  they  deem  it  necessary, 
require  said  company  to  acquire  by  purchase  the  right  of 
way  along  the  west  side  of  said  railroad  from  New  York 
avenue  to  Third  street  east;  also  a  branch  commencing  at   Branches, 
the  intersection  of  New  York  avenue  with  First  street, 
west;  and  thence  north  along  First  street,  to  the  south  line 
of  the  grounds  of  the  Soldiers'  Home;  also  with  the  priv- 
ilege of  extending  said  main  line  along  New  York  avenue 
to  Ivy  City,  within  one  year  after  said  avenue  is  opened 
and  graded  to  Ivy  City,  with  the  right  to  run  public  car- 
riages thereon  propelled  by  horse,  electric,  or  cable  power. 
Said  company  shall  receive  a  rate  of  fare  not  exceeding   Fare, 
five  cents  per  passenger  for  any  distance  between  the  ter- 
mini of  said  main  railway  or  between  the  termini  of  its 
branch  railway,  or  between  either  terminus  of  said  main 
railway  and  the  terminus  of  said  branch  railway,  but  shall 
sell  six  tickets  for  twenty  ^\^  cents. 

Sec.  2.  That  said  railway  company  shall,  on  or  before  the    Annual  report 
fifteenth  of  January  of  each  year,  make  a  report  to  Con- 
gress of  the  names  of  all  the  stockholders  therein  and  the 

111 


i\. 


if' 


\l\ 


J 


: 


:^  I 


V 


Taxes. 


i 

I 

r| 

K  ■ 

;  I 
i  ^ 


I 


Tracka 


112        LAWS   BELATING    TO   8TREET-BAILWAY   FEANCHI8ES. 

amount  of  stock  held  by  each,  together  with  a  detailed 
statement  of  the  receipts  and  expenditures,  from  whatever 
source  and  on  whatever  account,  for  the  preceding  vear 
ending  December  the  thirty-first,  which  report  shall  be  veri- 
ned  by  aifadavit  of  the  president  and  secretary  of  said  com- 
pany and  if  said  report  is  not  made  at  the  time  specified,  or 
within  ten  days  thereafter,  it  shall  be  the  duty  of  the  Com- 
missioners to  cause  to  be  instituted  judicial  proceedings  to 
forfeit  this  chai;ter;  and  said  company  shall  pay  to  the  Dis- 
trict of  Columbia,  m  heu  of  personal  taxes  upon  personal 
property,  includmg  cars  and  motive  power,  each  year  four 
per  centum  of  its  gross  earnings,  which  amount  shall  be 
payable  to  the  collector  of  taxes  at  the  times  and  in  the 
manner  that  other  taxes  are  now  due  and  payable,  and  sub- 
ject to  the  same  penalties  on  arrears;  and  the  franchise  and 
property  of  said  company,  both  real  and  personal,  to  a  suffi- 
cient amount,  may  be  seized  and  sold  in  satisfaction  thereof 
as  now  provided  by  law  for  the  sale  of  other  property  for 
taxes;  and  said  per  centum  of  its  gross  earnings  shall  be 
in  lieu  ot  all  other  assessments  of  personal  taxes  upon  its 
property,  used  solely  and  exclusively  in  the  operation  and 
management  of  said  railway.     Its  real  estate  shall  be  taxed 
as  other  real  estate  m  the  District:  Provided,  That  its 
tracks  shall  not  be  taxed  as  real  estate. 

Sec.  3.  That  the  said  railway  shall  be  laid  in  the  center  ' 
of  the  avenue  and  streets  as  near  as  may  be,  to  be  con- 
structed of  good  materials,  and  in  a  substantial  and  dum- 
ble  manner,  with  the  rails  of  the  most  approved  pattern, 
all  to  be  approved  by  the  Commissioners  of  the  District 
laid  upon  an  even  surface  with  the  pavement  of  the  street 
and  in  such  manner  as  to  interfere  with  the  ordinary  travel 
as  little  as  practicable;  and  the  gauge  to  correspond  with 
tUat  of  other  city  railroads. 

Sec.  4.  That  the  said  corporation  shall,  at  its  own  ex- 
pense, keep  said  tracks  within  the  city  limits,  and  for  the 
space  of  two  feet  beyond  the  outer  rails  thereof,  and  also 
the  sjace  between  the  rails  and  tracks,  at  all  times  well 
paved  and  in  good  repair,  to  be  approved  bv  the  Commis- 
sioners of  the  District;  and  beyond  the  limits  of  said  city 
shall  keep  its  tracks,  and  for  the  space  of  two  feet  beyond 
the  outer  rails  thereof,  and  also  the  space  between  the  rails 
and  tracks,  well  graded  or  paved,  and  in  good  repair,  so  as 
to  impede  the  general  travel  as  little  as  possible. 

J 1*  ^^^  ^^'^'^^  ^^  ^  change  of  grade  at  any  time  of 
any  of  the  streets,  avenues,  or  roads  occupied  by  the  track 
of  this  corporation,  it  shall  be  the  duty  of  said  company, 
at  Its  own  expense,  to  change  its  said  railroad  so  as  to  con- 
form to  such  grade  as  may  have  been  thus  established. 

J5EC.  6.  That  It  shall  be  lawful  for  said  corporation,  its 
successors  or  assigns,  with  the  approval  of  the  Commis- 
sioners of  the  District  of  Columbia,  to  make  all  needful  and 
convenient  trenches  and  excavations  and  sewer  connections 
m  any  of  said  streets  or  places  where  said  corporation  may 
have  the  nght  to  construct  and  operate  its  road,  and  place 


Paving. 


Changes 
grade. 


of 


Construction. 


opCCQ. 


Commence- 
ment and  com- 


LAWS   RELATING   TO   STEEET-RAILWAY   FBANCHISES.         118 

in  such  trenches  and  excavations  all  needful  and  convenient 
devices  and  machinery  for  operating  said  railroad  in  the 
manner  and  by  the  means  aforesaid;  and  said  sewer  con- 
nections shall  have  such  traps  or  other  devices  as  may  be 
required  by  the  Commissioners  of  the  District.  It  shall 
also  be  lawful  for  said  corporation,  its  successors  or  assigns, 
to  erect  and  maintain,  at  such  convenient  and  suitable 
points  along  its  lines  as  may  seem  most  desirable  to  the 
board  of  directors  of  the  said  corporation,  and  subject  to 
the  approval  of  the  Commissioners  of  the  District,  an 
engine-house  or  houses,  boiler-house  or  houses,  and  all 
other  buildings  necessaiy  for  the  successful  operations  of 
an  electric  or  cable  motor  railroad. 

Sec.  7.  That  it  shall  not  be  lawful  for  said  corporation, 
its  successors  or  assigns,  to  propel  its  cars  over  said  rail- 
road, or  any  part  thereof,  within  the  city  limits,  at  a  rate 
of  speed  exceeding  ten  miles  per  hour;  and  without  the 
city  limits,  at  a  rate  of  speed  exceeding  fifteen  miles  per 
hour;  and  for  each  violation  of  this  provision  said  grantees, 
their  successors  or  assigns,  as  the  case  may  be,  shall  be  sub- 
ject to  a  penalty  of  fifty  dollars,  to  be  recovered  in  any 
court  of  competent  jurisdiction  at  the  suit  of  the  Commis- 
sioners of  the  District  of  Columbia. 

Sec.  8.  That  the  main  line  of  said  railway  shall  be  com-  _  _  ^ 
menced  within  three  months,  and  completed  within  twelve  pietion 
months  from  the  passage  of  this  act;  and  the  branch  of 
the  same  shall  be  completed  within  two  years  from  the 
time  First  and  Fourth  streets  and  New  York  Avenue  shall 
be  respectively  graded;  and  if  the  said  work  on  the  main 
line  shall  not  be  so  commenced  and  completed,  then  the 
privileges  and  powers  herein  granted  shall  be  void. 

Sec.  9.  That  the  capital  stock  of  said  company  shall  not  ^p*^  "^'^ 
exceed,  if  horse  power  is  to  be  used  for  the  main  line,  sixty 
thousand  dollars,  which  may  be  increased  when  work  is 
commenced  on  the  First  street  branch  forty -five  thousand 
dollars,  and  on  the  Ivy  City  branch  thirty-two  thousand 
dollars,  and  on  the  Fourth  street  extension  forty  thousand 
dollars.  If  electric  power  is  to  be  used,  the  capital 
stock  for  the  main  line  shall  not  exceed  one  hundred  and 
two  thousand  dollars,  which  may  be  increased  when  work 
is  commenced  on  the  First  street  branch  eighty-four 
thousand  dollars,  and  Ivy  City  branch  sixty  thousand  dol- 
lars, and  on  the  Fourth  street  extension  seventy -five  thou- 
sand dollars.  If  propelled  by  cable  the  capital  stock 
for  the  main  line  shall  not  exceed  two  hundred  and  four 
thousand  dollars,  which  may  be  increased  when  work  is 
commenced  on  the  First  street  branch  one  hundred  and 
sixty-eight  thousand  dollars,  and  on  the  Ivy  City  branch 
one  hundred  and  twenty  thousand  dollars;  and  on  the 
Fourth  street  extension,  one  hundred  and  fifty  thousand 
dollai-s;  and  that  the  stock  shall  be  divided  into  shares  of 
fifty  dollars  each,  transferable  in  such  manner  as  the  by- 
laws of  said  company  may  direct,  and  said  company  shall 

16400—05 8 


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114        LAWS  BELATING   TO  8TBEET-RAILWAT  FRANCHISES. 

require  the  subscribers  to  the  capitol  stock  to  pay  in  cash 
the  amount  by  them  respectively  subscribed,  at  such  times 
(after  the  first  installment)  and  in  such  amounts  as  the 
board  of  directors  may  deem  proper  and  necessary  in  the 
construction  of  said  road;  and  if  any  stockholder  shall  re- 
fuse or  neglect  to  pay  any  installment,  as  required  by  a  res- 
olution of  the  board  of  directors,  after  reasonable  notice 
of  the  same,  the  said  board  of  directors  may  sell  at  public 
auction,  to  the  highest  bidder,  so  many  shares  of  his  said 
stock  as  shall  pay  said  installment  (and  the  person  who 
offers  to  purchase  the  least  number  of  shares  for  the  assess- 
ment due  shall  be  taken  as  the  highest  bidder),  and  the 
sale  shall  be  conducted  under  such  general  regulations  as 
may  be  adopted  in  the  by-laws  of  said  company;  but  no 
stock  shall  be  sold  for  less  than  the  total  assessments  due 
and  payable,  or  said  corporation  may  sue  and  collect  the 
same  from  any  delinquent  subscriber  in  any  court  of  com- 
petent jurisdiction. 

^^^  4^^^'  ^^'  "^^^^  *^®  company  shall  place  cars  of  best  con- 

struction on  said  railways,  with  all  modem  improvements 
necessarv  to  the  convenience  and  comfort  of  passengers 
and  shall  run  cars  thereon  as  often  as  the  public  conven- 
ience may  require,  in  accordance  with  a  time  table  or  sched- 
ule adopted  by  the  company,  a  copy  of  which  shall  be  filed 
with  the  Commissioners  of  the  District  of  Columbia,  and 
to  be  approved  by  them. 

iD?i£i?5io^fete!  ^^^'  1^-  "That  the  company  shall  buy,  lease,  or  construct 
such  passenger-rooms,  ticket-offices,  work-shops,  depots, 
lands,  and  buildings  as  they  may  deem  necessary,  at  such 
points  on  Its  line  as  may  be  approved  by  the  Commissioners 
of  the  Distrist. 
Articles  left  in  Sec.  12.  That  all  artiples  of  value  that  may  be  inadvert- 
ently left  m  any  of  the  cars  or  other  vehicles  of  the  said 
company  shall  be  taken  to  its  principal  depot  and  entered 
m  a  book  of  record  of  unclaimed  goods,  which  book  shall 
be  open  to  the  inspection  of  the  public,  and  if  said  prop- 
erty remain  unclaimed  for  one  year  the  company  shall  sell 
the  same  after  ^ve  days  notice. 

Sec.  13.  That  within  thirty  days  after  the  passage  of 
this  act  the  corporators  named  in  the  fii-st  section,  or  a 
majonty  of  them,  or  if  any  refuse  or  neglect  to  act,  then  a 
ma]onty  of  the  remainder,  shall  cause  books  of  subscrip- 
^^^^  capital  stock  of  said  company  to  be  opened 
and  kept  open,  in  some  convenient  and  accessible  place  in 
the  District  of  Columbia,  from  nine  o'clock  in  the  forenoon 
till  live  o  clock  m  the  afternoon,  for  a  period  to  be  fixed  by 
said  corporators,  not  less  than  five  days  (unless  the  whole 
stock  shall  be  sooner  subscribed  for);  and  said  corporators 
shall  give  public  notice,  by  advertisement  in  at  least  two 
daily  papers  published  in  the  city  of  Washington,  of  the 
time  when  and  the  place  where  said  books  shall  be  opened: 
and  subscribers  upon  said  books  to  the  capital  stock  of  the 
company  shall  be  held  to  be  the  stockholders:  Prwided, 


can. 


Organization. 


LAWS   RELATING  TO   STREET-RAILWAY  FRANCHISES. 


115 


That  every  subscriber  shall  pay,  at  the  time  of  subscrib-^^^^jjpj5^°**» 
ing,  ten  per  centum  of  the  amount  by  him  subscribed,  to 
the  treasurer  appointed  by  the  corporators,  or  his  sub- 
scription shall  be  null  and  void:  Provided  further^  That 
nothing  shall  be  received  in  payment  of  the  ten  per- 
centum,  at  the  time  of  subscribing,  except  lawful  money 
or  certified  checks  from  any  national  bank.  And  when  the 
books  of  subscription  to  the  capital  stock  of  said  company 
shall  be  closed,  the  corporators  named  in  the  first  section, 
or  a  majority  of  them,  and  in  case  any  of  them  refuse  or 
neglect  to  act,  then  a  majority  of  the  remainder  shall, 
within  twenty  days  thereafter,  call  the  first  meeting  of  the 
stockholders  of  said  company,  to  meet  within  ten  days 
thereafter,  for  the  choice  of  directors,  of  which  public 
notice  shall  be  given  for  five  days  in  two  public  news- 
papers published  daily  in  the  city  of  Washington,  or  by 
written  personal  notice  to  each  stockholder  by  the  clerk 
of  the  corporation;  and  in  all  meetings  of  the  stockholders 
each  share  shall  entitle  the  holder  to  one  vote,  to  be  given 
in  person  or  by  proxy. 

Sec.  14.  That  the  government  and  direction  of  the  affairs  Directors, 
of  the  company  shall  be  vested  in  a  board  of  nine  directors 
who  shall  be  stockholders  of  record,  and  who  shall  hold 
their  office  for  one  year,  and  until  their  successors  are  duly 
elected  and  qualified;  and  the  said  directors,  a  majority  of 
whom  shall  be  a  quoraim,  shall  elect  one  of  their  number 
president  of  the  board,  who  shall  also  be  president  of  the 
company;  and  they  shall  also  choose  a  vice-president,  a 
secretary,  and  a  treasurer,  the  latter  of  whom  shall  give 
bond,  with  good  and  sufficient  surety  to  said  company,  in 
such  sum  as  the  said  directors  may  require  for  the  faithful 
discharge  of  his  trust.  In  case  of  a  vacancy  in  the  board 
of  directors  by  death,  resignation,  or  otherwise,  the  vacancy 
so  occasionea  shall  be  filled  by  the  remaining  directors. 

Sec.  15.  That  the  directors  shall  have  the  power  to  make  By-laws,  etc 
and  prescribe  such  by-laws,  rules,  and  regulations  as  they 
shalldeem  needful  and  proper  touching  the  disposition  and 
management  of  the  stock,  property,  estate,  and  effects  of 
the  company  and  the  management  of  its  business,  not  con- 
trary to  the  charter  or  to  the  laws  of  the  United  States 
and  the  ordinances  of  the  District  of  Columbia. 

Sec.  16.  That  there  shall  be  an  annual  meeting  of  the 
stockholders  for  choice  of  directors,  to  be  holden  at  such 
time  and  place,  under  such  conditions,  and  upon  such  notice 
as  the  said  company  in  their  by-laws  may  prescribe,  and 
said  directors  shall  annually  make  a  report  in  writing  of 
their  doings  to  the  stockholders. 

Sec.  17.  That  said  company  shall  have  at  all  times  the 
free  and  uninterrupted  use  of  its  roadway;  and  if  any  per- '  ^^^' 
son  or  persons  shall  willfully,  mischievously,  and  unnec- 
essarily obstruct  or  impede  the  passage  of  the  cars  of  said 
railway  with  a  vehicle  or  vehicles,  or  otherwise,  or  in  any 
manner  molest  or  interfere  with  passengers  or  operatives 


i^ 


;  i 


m 


Annual 
ing. 


meet- 


Pree  use  of 


116        LAWS   RELATING  TO  STEEET-KAILWAY  FEANCHI8ES. 

.  while  in  traosit,  or  destroy  or  injure  the  cars  of  said  rail- 
way, or  depots,  or  other  property  belonging  to  said  rail- 
way the  person  or  persons  so  offending  shall  forfeit  and 
pay  for  each  such  offense  not  less  than  twenty-five  nor  more 
than  one  hundred  dollars,  to  be  recovered  as  other  fines 
and  penalties  in  said  District,  and  shall  also  be  liable  to 
said  company,  m  addition  to  said  penaltv,  for  any  loss  or 
damage  occasioned  by  his  or  her  or  their  act  as  aforesaid, 
t n  ftarred  ^^'^'^g^*  within  sixty  days  the  action 

^'"'^«^'  Sec.  18.  That  the  said  Company  shall  have  the  riffht  of 

way  across  such  other  railways  as  are  now  in  operation 
withm  the  limits  of  the  Imes  granted  by  this  act,  and  is 
hereby  authorized  to  construct  its  said  road  across  such 
other  railways:  Provided,  That  it  shall  not  unnecessarily 
interrupt  the  travel  of  such  other  railways  in  such  con- 
^   ,  ^    ,      struction.  ^  ■  ^" 

Exclusion  from       o„„    -.^^     m,     j.  ,     , 

CMS.  bEC.  19.  That  no  person  shall  be  prohibited  the  ri^ht  to 

travel  on  any  part  of  said  road,  or  be  ejected  from  the  cars 
by  the  company  s  employees,  for  any  other  cause  than  that 
of  being  drunk,  disorderly,  unclean,  or  contagiously  dis- 

t.  ^^tiZ?Tx^  ^"^  P^?  *^^  ^^^^^  fare.exacted,  or  to  comply 
with  the  lawful  regulations  of  the  company.    The  corpom 
tors  herein  named,  or  the  corporation  fiereby  created,  shall 

Jl  f'  fV''?'''^]'  ^"J^  ^^  ""Y  "^^^«  "^^^^^y  conferred  relat- 
ing to  the  line  of  said  road  until  after  the  main  road  herebv 
authorized  shall  have  been  constructed  as  herein  provided 

?^f  f  Ik°^i5  ^^^^"^  ^"^^'"^  obtained  the  written  consent  of 
the  stockholders  representing  two-thirds  in  value  of  the 
capital  stock. 

J"^^'  ^?' J-^^*'  Congress  reserves  the  right  to  alter,  amend, 
or  repeal  this  act  at  any  time.  ' 

Approved,  June  19,  1888. 


Assignmen 
etc. 


Amendment. 


I 


,"™"~    "■  '""'»•»«■•"'•*■*"  olB,  E,U.s,..  „d  Soldi.*  Horn. 

Biais.^,p.77.  Kail  way  Company. 


^Jhaner  ^"^''tj';^';^"^-"^"^*^^  Streets:  Beginning  at  the  intersection  of 
^^Extension  «^^f,7  Y^^;:^^^^""^  and  F^       street  northwest,  south  along 

wlf  oi  ^"?''^^'^^'*  ^  ^  '^^^^*  northwest,  and  thenci 
west  along  G  street  northwest  to  the  east  line  of  Fifteenth 
street  northwest;  and  also  beginning  at  the  present  ter 
minus  of  Its  Cemetery  Branch  on  the  east  sideTL°ncoTn 
arenue  and  thence  northerly  along  Lincoln  avenue  to  a 
point  opposite  the  entrance  to  Glenwood  Cemetery,  and 
Norf hT"°IT  at  the  intersection  of  New  York  avenue  and 

S  L^*^^  ^^""^^^i  A^^°^^  °^^*^  ^^^"^  «aid  street  to  the 
south  boundaries  of  the  grounds  of  thi  Soldiers'  Home* 


LAWS  RELATING  TO   STEEET-BAILWAY   FBANCH18ES.         117 


Provided,  That  if  electric  wires  or  cables  are  used  to 
propel  its  cars  over  said  streets  from  New  York  avenue 
and  Fifth  to  Fifteenth  street  northwest,  the  same  shall  be 
placed  underground:  Atid  provided  further.  That  the  said 
company  shall  not  be  permitted  to  stop  its  cars  at  its 
western  terminus,  or  at  any  point  within  the  city  limits,  for 
a  longer  time  than  is  necessary  to  take  on  and  let  off  its 
passengers.  Said  company  shall  charge  not  exceeding  fiY^ 
cents  fare  for  one  continuous  ride  from  any  point  on  its  line 
to  the  terminus  of  its  main  line  or  any  of  its  branches. 
And  said  company  is  authorized  to  use  overhead  wires  on 
its  North  Capitol  Street  Branch. 

Sec.  2.  That  so  much  of  the  original  charter  of  the  Eck- 
ington  and  Soldiers'  Home  Railway  Company,  granted 
by  act  approved  June  nineteenth,  eighteen  hundred  and 
eighty-eight,  as  authorized  the  construction  of  a  branch  on 
First  street  west,  from  New  York  avenue  to  the  south 
boundary  of  the  Soldiers'  Home  be,  and  the  same  is  hereby, 
repealed. 

Sec.  3.  That  said  company  is  authorized  to  increase  its 
capital  stock  one  hundred  and  seventy-five  thousand  dol- 
lars for  the  purpose  of  enabling  it  to  extend  and  equip  its 
line  as  provided  in  this  act. 

Sec.  4.  That  unless  said  extensions  are  commenced  within 
three  months  and  the  cars  run  thereon  within  one  year  from 
the  passage  of  this  act  the  authority  herein  granted  shall 
be  void:  Provided,  That  said  company  shall  have  one  3^ear 
to  complete  the  North  Capitol  Street  Branch  after  said 
street  is  opened  and  graded. 

Sec.  5.  That  Congress  reserves  the  right  to  alter,  amend 
or  repeal  this  act. 

Sec.  6.  That  this  act  shall  be  considered  as  an  amend- 
ment to  the  act  of  June  nineteenth,  eighteen  hundred  and 
eighty-eight,  granting  a  charter  to  the  Eckington  and  Sol- 
diers' Home  Railroad,  and  shall  be  construed  as  being  sub- 
ject to  all  limitations  and  conditions  of  said  original  act 
except  as  specifically  provided  otherwise  herein.  That  the 
authority  of  said  company  by  this  act  or  any  other  act 
conferred  to  erect  or  use  overhead  wires  in  its  operations 
within  the  cit}^  of  Washington  shall  absolutel}^  cease  and 
determine  on  the  first  day  of  July,  anno  Domini  eighteen 
hundred  and  ninety-three. 

Approved,  April  30,  1890. 


Pr<yvi808. 

Underground 
wires  or  cables. 


stoppages. 


Fare. 


North  Capitol 
street  route; 
overhead  wires. 


First    street 
route  abolished. 


Capital    stock 
increased. 


Commence- 
ment and  com- 
pletion. 


Proviso. 

North   Capitol 
street  route. 


Amendment, 
etc. 

Judicial     con- 
struction. 


Use  of  over- 
head wires  to 
cease  (time  ex- 
tended 2  years) . 


AN  ACT  To  amend  the  charter  of  the  Rock  Creek  Railroad  Company.    April  30, 1892. 


Stats.  27,  p.  23. 


Sec.  3.  That  the  Rock  Creek  Railwav  Companv  and  the  Eckington  and 
Eckington  and  Soldiers'  Home  Railway  Company  shall  ly.^cr'  """""^ 
have  the  power  to  make  any  contracts  or  agreements  that  tra?k"and  S^wer 
may  be  necessary  to  enable  the  said  companies  to  run  the  with  Rock  creek 
cars  of  each  or  either  company  over  the  tracks  of  the  other  ^'^^^^^  ^**- 


».iii 


,[ 


h 


118        LAWS   RELATING  TO   8TREET-BAILWAY   FEAN0HISE8. 

company,  and  also  to  contract  for  and  use  the  power  of 
each  or  either  company  to  propel  the  cars  of  the  other  com- 
pany. 

*  ♦  ♦  ♦  ♦ 

Approved,  April  30,  1892. 


July  5, 1892. 
Stats.  27,  p.  66. 


; 


\ 


<  HI 


AN  ACT  To  amend  the  charter  of  the  Eckington  and 'Soldiers'  Home 

Kailroad  Company. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  Umted  States  ofAmenca  in  Congress  assetnbled.  That 
soMi^^THome  JJ^®  ^^^rter  of  the  Eckington  and  Soldiers'  Home  Railroad 
^Extension   „f     .^^^^^  be,  and  the  same  is  hereby,  amended  so  as  to 
tracks.  authorize  said  company  to  lay  its  tracks  and  to  run  its  cars 

thereon  through  and  along  the  following  named  streets  and 
avenues;  Beginning  at  the  intersection  of  Fifth  and  G 
streets  northwest,  east  along  G  street  to  New  Jersey  avenue 
and  First  street;  thence  south  along  First  street  northwest 
to  C  street  northwest;  thence  east  along  C  street  to  New 
Jersey  avenue;  thence  south  along  New  Jersey  avenue  to 
a  point  in  the  center  of  said  avenue  at  a  distance  of  not 
less  than  one  hundred  and  fifty  feet  from  the  north  curb 
line  of  B  street  north.     Returning  north  along  New  Jer- 
sey avenue  to  D  street;  thence  west  on  D  street  to  First 
street  northwest;  thence  north  on  First  street  to  G  street, 
and  along  G  street  to  Fifth  street  northwest;  also,  be- 
ginning at  the  intersection  of  G  street  and  New  Jersey 
avenue;  thence  across  New  Jersey  avenue  to  and  along  G 
street  to  North  Capitol  street;  thence  north  along  North 
Capitol  street  to  New  York  avenue,  connecting  with  its 
main  line  and  North  Capitol  street  branch;  also  beginning 
at  the  intersection  of  Fifth  and  G  streets  northwest;  thence 
south  on  Fifth  street  to  Louisiana  avenue;  thence  south- 
westerly on  Louisiana  avenue  to  a  point  to  be  located  by 
the  Commissioners  of  the  District  of  Columbia,  east  of 
beventh  street  northwest,  and  returning  by  the  same  route 
to  the  said  point  of  beginning;  also  beginning  at  the  inter- 
section of  New  Jersey  avenue  and  C  street  northwest; 
thence  east  on  C  street  to  Stanton  square;  thence  around 
Stanton  square,  on  the  south  side  thereof,  to  C  street  north- 
east and  along  C  street  to  Fifteenth  street  northeast ;  thence 
north  on  Fifteenth  street  to  D  street  northeast;  thence 
west  on  D  street  to  Fourth  street;  thence  south  on  Fourth 
street  to  and  along  C  street  to  New  Jersey  avenue  and  the 
D'S^'SNK^^l^^?\^^^^^ip'^i°g:  Provided,  That  until  C  and  D  streets 
shall  be  paved  and  provided  with  sewers  to  Fifteenth  street 
the  company  shall  not  be  required  to  construct  its  road 
beyond  Twelfth  street;  also  bemnning  at  the  present  ter- 
minus of  the  Eckington  and  Soldiers'  Home  road  on  Fourth 
street  extended,  thence  along  and  wholly  outside  of  the  pres- 
^ker  Hiiient  Bunker  Hill  road,  on  land  to  be  acquired  by  said  com- 
pany by  gift  or  purchase  and  made  a  part  of  said  road,  to  a 
pomt  to  be  located  by  the  Commissioners  of  the  District  of 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.         119 

Columbia  west  of  Brooks  station:  Provided,  That  nothing 
contained  in  this  act  shall  be  taken  to  require  the  extension 
provided  for  in  this  clause  before  said  road  shall  have  been 
widened  as  herein  provided  for:  Provided  further.  That  the  tr^kTfrom  un- 
tracks  of  said  company  on  Lincoln  avenue  shall  be  taken  coin  avenue, 
up  within  thirty  days  from  the  passage  of  this  act,  and  the 
roadway  shall  be  restored  to  public  uses  in  such  manner 
as  the  Commissioners  of  the  District  of  Columbia  shall 
direct:  Provided,  That  horse  power  shall  not  be  used  on  (^o«e%^we'r 
said  line  for  traction  purposes,  and  that  if  electric  wires  provision  re- 
or  cables  are  used  to  propel  its  cars  over  any  of  the  routes  ^^     ' 
hereby  authorized  within  the  limits  of  the  city  of  Wash- 
ington the  same  shall  be  placed  underground. 

Wherever  the  foregoing  route  or  routes  may  coincide  ^5^.''*'* 
with  the  duly  authorized  route  or  routes  of  any  other  duly 
incorporated  street  railway  company  in  the  District  of 
Columbia,  both  companies  shall  use  the  same  tracks  upon 
such  fair  and  equitable  terms  as  mav  be  agreed  upon  by 
said  companies;  and  in  the  event  said  companies  shall  fail 
to  agree  upon  equitable  terms,  either  of  said  companies  ^ 

may  apply  by  petition  to  the  supreme  court  of  the  District 
of  Columbia,  which  shall  hear  and  determine  summarily 
the  matter  in  due  form  of  law,  and  adjudge  to  the  proper 
party  the  amount  of  compensation  to  be  paid  therefor. 
Said  company  shall  charge  not  exceeding  five  cents  fare  for 
one  continuous  ride  from  any  point  on  its  lines  to  the  termi- 
nus of  its  main  line  or  any  of  its  branches:  Provided,  That 
the  construction  of  said  railroad  on  any  street  where  there 
are  or  may  be  any  mains,  fixtures,  or  apparatus  pertaining  ^^ 
to  the  Washington  Aqueduct  shall  be  subject  to  such  con-  ® 
ditions  as  may  be  approved  by  the  Secretary  of  War,  which 
conditions  must  be  obtained  and  be  accepted  in  writing  by 
said  company  before  commencing  any  work  on  such  street 
and  no  steam  cars,  locomotives,  or  passenger  or  other  cars 
for  steam  railroads  shall  ever  be  run  on  the  tracks  of  said 
company  over  any  such  main,  fixture,  or  apparatus.  The 
said  railroad  shall  be  subject  to  the  requirements  of  section 
fifteen  of  the  act  of  Congress  approved  February  twenty- 
eighth,  eighteen  hundred  and  ninety-one,  entitled  "An  act 
to  incorporate  the  Washington  and  Arlington  Railway 
Company  of  the  District  of  Columbia."  The  said  company 
shall,  before  commencing  work  on  said  railroad  on  such 
street,  deposit  with  the  Treasurer  of  the  United  States  to 
the  credit  of  the  Washington  Aqueduct  such  sum  as  the 
Secretary  of  War  may  consider  necessary  to  defray  all  the 
expenses  that  may  be  incurred  by  the  United  States  in 
connection  with  the  inspection  of  the  work  of  construction 
of  said  railroad  on  such  street,  and  in  making  good  any 
damages  done  by  said  company,  or  its  works,  or  by  any  of 
its  contracting  agents,  to  any  of  said  mains,  fixtures,  or 
apparatus,  and  in  completing,  as  the  Secretary  of  War  may 
deem  necessary,  any  of  the  work  that  the  said  company 
may  neglect  or  refuse  to  complete  and  that  the  Secretary 
of  War  may  consider  necessary  f o^  the  safety  of  said  mains, 


Water   mains, 


Deposit 


II 


l20        LAWS  BELATING   TO  STBEET-BAILWAY  FBANCHI8E8. 

fixtures,  or  apparatus,  and  the  said  company  shall  also 
deposit  as  aforesaid  such  further  sums  for  said  purposes  at 
such  times  as  the  Secretary  of  War  may  consider  neces- 
sary:  Provided,  That  the  said  sums  shall  be  disbursed  like 
other  moneys  appropriated  for  the  Washington  Aqueduct, 
and  that  whatever  shall  remain  of  said  deposits  at  the  end 
of  one  year  after  the  completion  of  said  railroad  in  such 
street  shall  be  returned  to  said  company  on  the  order  of 
the  Secretory  of  War,>rith  an  account  of  their  disburse- 
ment m  det^ih  And  jyrovid^  also.  That  disbursements  of 
said  deposits  shall,  except  in  case  of  emergency,  be  made 
only  on  the  order  of  the  Secretory  of  War.    The  exercise 
of  the  rights  by  this  act  granted  are  to  terminate  at  the 
pleasure  of  the  Secretary  of  War  in  case  of  persistent 
neglect  by  said  company,  or  by  its  successors,  to  make  the 
deposits,  or  to  comply  with  any  of  the  conditions,  require- 
ments, and  regulations  aforesaid, 
increase  of     Sec  2    That  Said  Company  is  authorized  to  increase  its 
capitol  stock  three  hundred  thousand  dollars  for  the  pur- 
pose of  enabling  it  to  extend  and  equip  its  line  as  provided 
m  this  act,  and  to  redeem  bonds  issued  to  take  care  of 
present  indebtedness  incurred  in  building  and  equipping 
the  road  already  constructed,  and  no  additional  bonds  shall 
^^issued  by  said  company  without  special  authority  of 

menra^d'Soi^    .^.^c.  3.   That  unless  said  extensions  are  commenced 

Extended}!' "^^'i^''^  three  months  and  th(.  cars  run  thereon  within  one 

year  from  the  passage  of  this  act,  except  as  otherwise  ex- 

n.  ^    M      pressly  provided  for,  the  authority  herebv  granted  shall 

construction,  be  void :  PrMd  That  said  railroad  sha/bfconstruc^^^^^^ 

on  such  grade  and  in  such  manner  as  shall  be  approved  bv 

the  Commissioners  of  the  District  of  Columbia 

An.endn,ent.      Sec.  4  That  Congress  reserves  the  right  to  alier,  amend, 

or  repeal  this  act.  ' 

Approved,  July  5,  1892. 


!, 


''^^•^^'^^^-    ^^  ^^  To  amend  the  charter  of  the  Eckington  and  Soldier's  Home 
Stats.  27,  p.  444.  Kail  way  Company  of  the  District  of  Columbia. 

n^^h  ^'^•f^^^'i  ^y  the  Senate  and  ffmise  of  Bepresentatives 
Eckineton  and  XA^  ,,         "^^f  ff  <^^^^^«  ^^  Cougvess  o^semUed,  That 
^^l^e  15^  act  to  amend  the  charter  of  the  Eckington  and  Soldier's 
%VS^e  over^l^'"?  /^*»W  Company  approved  April  thirtieth,  anno 
h^  wLes  until  J^omini  eighteen  hundred  and  ninety,  is  hereby  amended 
by  substituting  the  word  -five"  for  the  word  -three"  in 
the  last  line  of  said  act.     And  that  the  act  to  amend  the 
charter  of  the  Eckington  and  Soldier's  Home  Railroad  Com- 
pany, approved  July  fifth,  eighteen  hundred  and  ninety- 

Extension    to^^'lc/K^:^^^*^ L*^^^^!^  ^'"u^  ^°'^'**^"^  ^»  P^^^^  ^^Ireof  the 
street.  NE.        that  Until  C  and  D  streets  shall  have  been  paved  and  pro- 
vided with  sewers  to  Fifteenth  street  the  company  s^all 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.         121 

not  be  required  to  construct  its  road  beyond  Thirteenth 

street,  and  that  said  company  shall  have  authority  to  make 

connection  with  D  street  from  C.  street  through  and  along  ^ 

Thirteenth  street  northeast."    And  in  the  fourth  ][)roviso 

by  striking  out  the  word  "  horse "  and  inserting  in  lieu  ^Hot^e^ power 

thereof  the  word  ''steam,"  so  that  the  proviso  will  read, 

Provided,  That  steam  power  shall  not  be  used  on  said  line 

for  traction  purposes,  and  that,  if  electric  wires  or  cables 

are  used  to  propel  its  cars  over  any  of  the  routes  hereby 

authorized  within  the  limits  of  the  city  of  Washington,  the 

same  shall  be  placed  under  ground." 

And  in  section  three,  by  striking  out  the  words  "one^^Tij^^e^/or^con- 
year,"  and  inserting  in  lieu  thereof  the  words  "  two  years,"  tended, 
so  that  the  section,  as  amended,  will  read  '*That,  unless  said 
extensions  are  commenced  within  three  months,  and  the 
cars  run  thereon  within  two  years  from  the  passage  of  this 
act,  except,  as  o.therwise  expressly  provided  for,  the  author- 
ity hereby  granted  shall  be  void:  Provided,  That  said 
railroad  shall  be  constructed  on  such  gmde  and  in  such 
manner  as  shall  be  approved  by  the  Commissioners  of  the 
District  of  Columbia." 

Approved,  February  13,  1893. 


Construction. 


AN  ACT  To  amend  an  act  entitled  "An  act  to  incorporate  the  Wash-  August  23, 1894. 
ington  and  Great  Falls  Electric  Railway."  (Also  amending  the  stats. 28,  p. 492. 
charter  of  the  Eckington  and  Soldiers'  Home  Railway  Company.) 

*  *  *  *  » 

Sec.  5.  That  the  Act  to  amend  the  charter  of  the  Eck-  sowiera^  ^Some 
ington  and  Soldiers'  Home  Railway  Company,  approved  ^•^•<^«- 
July  fifth,  eighteen  hundred  and  ninety-two,  is  hereby 
amended  by  striking  out  in  Section  one,  beginning  in  line  ecu  °^^  *°'^''**" 
six  with  the  words,  "  Beginning  at  the  intersection  of"  to 
and  including  the  words  "point  of  beginning"  in  line 
twenty-nine,  and  inserting  in  place  thereof  the  following: 
Beginning  at  the  intersection  of  Fifth  and  G  streets 
northwest,  east  along  G  street  to  New  Jersey  avenue  and 
First  street;  thence  south  along  First  street  northwest  to 
C  street  northwest;  thence  east  along  C  street  (around  the 
south  side  of  Stanton  Square  by  single  track)  to  Fifteenth 
street  northeast;  thence  north  on  Fifteenth  street  to  D 
street  northeast;  thence  west  on  D  street  to  Fourth  street 
northeast;  thence  south  on  Fourth  street  to  C  street  north- 
east; thence  west  on  C  street  to  New  Jersey  avenue;  thence 
north  on  New  Jersey  avenue  to  D  street  northwest;  thence 
west  on  D  street  to  First  street,  and  to  the  point  of  begin- 
ning; also  beginning  at  the  intersection  of  G  street  north- 
west and  New  Jersey  avenue,  thence  across  New  Jersey 
avenue  to  and  along  G  street  to  North  Capitol  street,  thence 
north  on  North  Capitol  street  to  New  York  avenue,  con- 
necting with  the  main  line  and  the  North  Capitol  street 
branch;  also  beginning  at  the  intersection  of  G  and  Fifth 


122        LAWS   BELATING   TO   8TBEET-EAILWAY   FRANCHISES. 

streets  northwest;  thence  south  on  Fifth  street  to  Louisi- 
ana avenue,  thence  along  Louisiana  avenue  to  Sixth  street 
west;  thence  south  along  Sixth  street  to  B  street  north- 
west; thence  west  on  B  street  (over  its  own  tracks  for  such 
a  distance  as  the  Commissioners  of  the  District  of  Columbia 
shall  determine)  to  a  point  to  be  located  by  the  said  Dis- 
trict Commissioners  near  the  east  curb  line  of  Seventh 
street  northwest,  and  returning  by  the  same  route  to  Fifth 
street  northwest. 

stockincreased.     ^^^^  ^y  inserting  in  Section  two  after  the  word  "  hun- 
dred" the  words,  "and  fifty." 

Timeextended.     ^ig^  ^^  inserting  in  Section  three,  as  amended,  after  the 
words  ''two  years"  the  words,  "and  three  months." 

Sec.  6.  That  Congress  reserves  the  right  at  any  time  to 
alter,  amend,  or  repeal  this  Act. 

Approved,  August  23,  1894. 


Amendment. 


June  10, 1896. 


AN  ACT  To  extend  the  routes  of  the  Eckington  and  Soldiers'  Home 
l^ilway  Company  and  of  the  Belt  Railway  Company,  of  the  District 
of  Columbia,  and  for  other  purposes. 

Be  it  enacted  hy  the  Senate  and  house  of  Representatwes 
of  the  United  States  of  America  in  Congress  assembled.  That 

8oM?e^^Home^'^^.^'^  **^^^^^^^^*,^«  f'*??!  ^b^  passage  of  this  Act  the 
R.  R.  Co.  HiCkmgton  and  Soldiers'  Home  Railway  Company,  and  the 

Belt  Railway  Company,  both  of  the  District  of  Columbia, 
respectively,  shall  begin  to  equip  those  portions  of  their 
respective  lines  which  are  situated  within  the  boundaries 
wa^*"  fr^  m^otorl  ^1^^^  ^^*7  f  Washington  with  compressed-air  motors.     If 
within  threeafter  atrial  of  three  months  the  said  compressed-air  motors 
shall,  in  the  judgment  of  the  Commissioners  of  the  District 
of  Columbia,  prove  to  be  in  all  respects  a  proper  and  satis- 
factory motive  power  for  the  speedy  and  convenient  pro- 
pulsion of  street  cars,  then  the  said  Commissioners  are 
hereby  authorized  and  directed  to  issue  to  the  said  railway 
companies,  respectively,  permits  to  equip  their  lines  within 
the  District  of  Columbia  with  such  compressed-air  motors* 
and  within  six  months  from  the  passage  of  this  Act  the 
Shall  cease  use  said  railway  companies  shall  cease  to  use  horsepower  on 
w i x^^ ^ Tf X  any  and  all  of  their  respective  lines.    In  the  event  that  the 
months.  said  compressed-air  motors  shall  not  be  approved  as  herein 

provided  for,  then  within  eighteen  months  from  the  passage 
of  this  Act  the  said  companies,  respectively,  shall  con- 
grfuXs?em'£stf"^'t  and  put  into  full  operation  on  all  their  lines  in  the 
\  m?tS^" provi     J  ^  .  Washington  the  underground  electric  system.     No 
unsatisfactory,    extcusion  of  any  of  the  lines  in  this  Act  provided  for 
no?toblS:^on2!;^^l  be  Operated  by  horsepower:  And  provided  further, 
extensions.         Ihat  Within  thirty  days  from  the  passage  of  this  Act  cars 
shall  be  regularly  run  over  the  existing  tracks,  beginning 
at  the  intersection  of  G  street  and  New  Jersey  avenue 
thence  across  New  Jersey  avenue  to  and  along  G  street  to 
stSt^LS^reJ^^j;.^^  5^^P^«1  street,  thence  north  on  North  Capitol  street 
be  operated.       to  1  Street,  according  to  a  schedule  satisfactory  to  the 


LAWS   RELATING    TO   STREET-RAILWAY    FRANCHISES.         123 

Commissioners  of  the  District  of  Columbia.  Neglect  or 
failure  to  comply  with  the  provisions  of  this  section  shall 
subject  the  corporation  so  neglecting  or  failing  to  a  penalty 
of  fifty  dollars  for  each  and  every  day  during  which  such 
failure  or  neglect  continues,  said  penalty  to  be  recovered 
by  the  Commissioners  of  the  District  of  Columbia  in  any 
court  of  competent  jurisdiction. 

Sec.  2.  That  the  Eckington  and  Soldiers'  Home  Railway 
Company  of  the  District  of  Columbia  be,  and  the  sanae 
hereby  is,  authorized  to  lay  down  and  operate  a  street  rail- 
way in  the  city  of  Washington,  District  of  Columbia, 
through  and  along  the  following-named  streets  and  ave- 
nues, to  wit:  ,      Tj.  t    •      ^n 

Beginning  at  the  junction  of  Eighth  and  D  streets  north-  EighTr8?rert 
east;  thence  by  double  track  south  along  Eighth  street  to  east,  etc. 
C  street  south;  thence  by  single  track  as  follows:  west  on 
C  street  south  to  Seventh  street  east;  thence  south  on  Sev- 
enth street  east  to  M  street  south;  thence  east  on  M  street 
south  to  Georgia  avenue;  thence  northeast  on  Georgia 
avenue  to  Ninth  street  east;  thence  north  on  Ninth  street 
east  to  C  street  south;  thence  west  on  C  street  south  to 

'R'icyhth  sf'reet'  east 
Sec.  3.  That  said  Eckington  and  Soldiers' Home  Railway  ^t^^^«"a8e  of 

Company  is  authorized  to  increase  its  capital  stock  or  to  Bonds, 
issue  bonds  for  such  amounts  as  may  be  necessary  to  pay 
th^  actual  cost  of  constructing  and  equipping  the  extensions 
hereinbefore  authorized:  Provided,  That  the  question  as 
to  the  amount  to  be  provided  for  in  connection  with  such 
extension  and  the  method  of  providing  for  the  same, 
whether  by  issuance  of  stock  or  bonds,  shall  be  decided 
by  a  majority  in  value  of  the  stockholders  at  a  meeting 
to  be  called  for  the  purpose  after  reasonable  notice;  and 
authority  is  hereby  conferred  upon  said  company,  in  case 
of  issuance  of  bonds,  to  make  due  conveyance  of  its  cor- 
porate franchises  and  property  for  the  purpose  of  securing 
the  same:  Provided,  however.  That  any  such  conveyance 
by  way  of  mortgage  shall  be  subject  to  the  prior  lien  al- 
ready created  by  deed  of  trust  dated  June  first,  eighteen 
hundred  and  ninety-one,  and  recorded  in  liber  fifteen  hun- 
dred and  eighty,  folio  three  hundred  and  twenty-seven  and 
following,  of  the  land  records  of  the  District  of  Columbia, 
which  conveys  all  the  real  estate  and  franchises  of  said 
railroad,  as  well  as  the  line  of  said  railroad  now  existing 
and  such  additions  thereto  at  any  time  made,  located, 
extended,  or  constructed:  And  provided,  That  said  Eck- 
ington and  Soldiers'  Home  Railway  Company  shall  not  issue  limited  to 
have  its  stock  and  bonds  outstanding  at  any  one  time  to  S  ^'and^'SlSp- 
a  greater  amount  than  the  actual  cost  of  the  construction  ment. 
and  equipment  of  said  railway;  which  actual  cost  shall  be 
ascertained  by  the  supreme  court  of  the  District  of  Colum- 
bia in  such  manner  as  the  said  court  shall  prescribe. 

Sec.  4.  That  the  Belt  Railway  Company  of  the  District 
of  Columbia  be,  and  the  same  hereby  is,  authorized  to  lay 
down  and  operate  a  double-track  railway,  with  the  neces- 


1 1  fill 


Extension  of 
Belt  Ry.  to  Le 
Droit  Park. 


Extension    on 
Water  street. 


Cknnpletion. 


s 


124        LAWS  BELATING   TO   8TBEET-EAILWAY   FBANCHISE8. 

9 

T?SrtT'^f*'n  f^^  *^^^-«^^'  in  the  city  of  Washington, 
District  of  Columbia,  through  and  along  the  following- 
named  streets  and  avenues,  to  wit; 

n.^h^'"'''^  at  Fourth  and  O  streets  northwest;  thence 

n^^^  ""^  •  ''1^  ^^5^^*  ^^^^  ^  ^1^"^^  avenue;  thence 
north  crossing  Florida  avenue  to  Harewood  street    thence 

along  Harewood  street  to  Elm  street;  thence  west  along 
*.lm  street  to  Linden  street;  thence  north  on  Linden  street 
«^«f  k^-m"?^  street;  thence  west  on  Pomeroy  street  to  the 
east  buildmg  line  of  Seventh  street  west  extended. 

Also  beginning  at  the  present  terminus  of  the  Belt  Rail- 
7]7JV\''^\  street,  near  N  street  south;  thence  south 
along  Water  street  to  P  street  south  by  an  extension  of  the 
present  tracks  of  the  Belt  Railway ;  thence  by  further  exten! 
sion  of  said  tracks  east  along  P  street  south  to  Delaware 
avenue:  Provi^d,  That  if  there  is  not  sufficient  room  for 
two  tracks  on  Water  street  without  encroaching  on  tracks 
already  there,  that  the  said  Belt  Line  Rail waf  Company 
shall  purchase,  at  ite  own  cost,  sufficient  ground  to  open 
Water  street  from  the  terminus  of  its  line  as  now  located 
along  said  projected  route  to  P  street. 

bEC.  5.  That  the  construction  of  the  extensions  herebv 
authorized  sha  1  be  completed  within  one  year  after  the 
approval  of  this  Act:  I^r<,vided,  That  in  case  anv  one  or 
more  of  the  said  extensions  shall  not  be  completed  and 
operated  regularly  within  the  time  specified,  then  so  much 
«LliK  ^^.t  a^  , authorizes  such  uncompleted  extensions 
shall  be  void  and  of  no  effect. 

Sec.  6  That  said  Belt  Railway  Company  is  authorized  to 
increase  Its  capital  stock  or  to  issue  bonds  for  such  amounts 
as  may  be  necessary  to  pay  the  actual  cost  of  constructing 
and  equipping  the  several  extensions  hereinbefore  author- 
ized: Pm^^(^,  That  the  question  as  to  the  amount  to  be 
S^^    /''''  m  connection  with  each  extension  and  the 
method  of  providing  for  the  same,  whether  by  issuance  of 
stocks  or  bonds,  shall  be  decided  by  a  majority  in  value  of 
the  stockholders  at  a  meeting  to  be  called  for  the  purpose 
after  reasonable  notice;  and  authority  is  hereby  conferred 
upon  said  company,  in  case  of  issuance  of  bonds,  to  make  due 
conveyance  of  its  corporate  franchises  and  property  for 
the  purpose  of  securing  the  same:  Provided,  howler.  That 
any  such  conveyance  by  way  of  mortgage  shall  be  subject 

L,lv  fhTrr.;  ?  *"• 'u!^^  T""^^^  >  ^^^^  ^f  ^^^^^  dated 
July  thirty-hrst,  eighteen  hundred  and  ninety-one,  and  re- 
corded in  hber  sixteen  hundred  and  six,  folios  one  hundred 
and  ninety-seven  and  following,  of  the  land  records  of  the 
District  of  Columbia  which  conveys  all  the  real  estate  and 
franchises  of  said  railroad,  as  well  as  the  line  of  said  rail- 
road now  existing  and  such  additions  thereto  at  any  time 

Thof  '  •^^'i'l.^'^i^"'^^^.'  ""^  constructed:  And  provided. 
That  said  Belt  Railway  Company  shall  not  have  its  stock 
and  bonds  outstanding  at  any  one  time  to  a  greater  amount 
than  the  actual  cost  of  the  construction  and  equipment  of 
said  railway,  which  actual  cost  shall  be  ascertained  by  the 


Belt  Railway 
may  increase 
stock  or  issue 
bonds. 


Issue  limited 
to  cost  of  con- 
struction and 
equipment. 


LAWS   EELATING   TO   STREET-RAILWAY   FRANCHISES.         125 


Construction. 


Excavations. 


Paving. 


supreme  court  of  the  District  of  Columbia  in  such  manner 
as  the  said  court  shall  prescribe. 

Sec.  7.  That  such  extensions  of  said  railroads  and  each 
of  them  shall  be  constructed  on  such  grade  and  in  such 
manner  as  shall  be  approved  by  the  Commissioners  of  the 
District  of  Columbia. 

Sec.  8.  That  it  shall  be  lawful  for  said  railway  companies 
and  each  of  them,  their  and  each  of  their  successors  or 
assigns,  to  make  all  needful  and  convenient  trenches  and 
excavations  in  any  of  said  streets  or  places  where  said 
companies,  or  either  of  them,  may  have  the  right  to  con- 
struct and  operate  its  road,  and  place  in  such  trenches  and 
excavationsall  needful  and  convenient  devices  f  ormachinery 
for  operating  said  railroad  in  the  manner  and  by  the  means 
aforesaid.  But  whenever  such  trenches  or  excavations 
shall  interfere  with  any  sewer,  gas,  or  water  pipes,  or  any 
subways  or  conduits,  or  any  public  work  of  the  kind  which 
has  been  ordered  by  the  Commissioners,  then  the  expense 
necessary  to  change  such  underground  construction  shall 
be  borne  by  the  said  railway  company  making  such  trench 
or  excavation. 

Sec.  9.  That  each  of  the  said  corporations  shall  at  all 
times  keep  the  space  between  their  tracks  and  rails  and 
two  feet  exterior  thereto  in  such  condition  as  the  Commis- 
sioners of  the  i3istrictof  Columbia  or  their  successors  may 
direct;  and  whenever  any  street  occupied  by  either  of  said 
railway  is  paved  and  repaired  or  otherwise  improved,  the 
said  corporation  shall  bear  all  expense  of  improving  the 
spaces  above  described.  Should  either  of  the  said  corpora- 
tions fail  to  comply  with  the  orders  of  the  Commissioners  the 
work  shall  be  done  by  the  proper  officials  of  the  District  of 
Columbia,  and  the  amounts  due  from  such  corporation  shall 
be  collected  as  provided  by  section  five  of  the  Act  entitled 
"An  Act  providing  for  a  permanent  form  of  government 
for  the  District  of  Columbia,"  aoproved  June  eleventh, 
eighteen  hundred  and  seventy -eignt. 

Sec.  10.  That  every  street-railroad  corporation  in  the  Annual  report 
District  of.  Columbia,  and  every  such  corporation  which 
shall  hereafter  be  organized,  shall,  on  or  before  the  first 
day  of  February  in  each  year,  make  a  report  to  each  the 
Senate  and  the  House  of  Representatives,  which  report 
shall  be  sworn  to  and  signed  by  the  president  and  treasurer 
of  such  corporation,  and  shall  cover  the  period  of  one  year 
ending  the  thirty-first  day  of  December  previous  to  the 
date  of  making  the  report.  Such  report  shall  state  the 
amount  of  capital  stock,  with  a  list  of  the  stockholders 
and  the  amount  of  stock  held  by  each;  the  amount  of  cap- 
ital stock  paid  in;  the  total  amount  now  of  funded  debt; 
the  amount  of  floating  debt;  the  average  rate  per  annum 
of  interest  on  funded  debt;  amount  of  dividends  declared; 
cost  of  roadbed  and  superstructure,  including  iron;  cost 
of  land,  buildings,  and  fixtures,  including  land  damages; 
cost  of  cars,  horses,  harness,  and  motors  and  other  ma- 
chinery; total  cost  of  road  and  equipment;  length  of  road 


126        LAWS   EELATING   TO   STEEET-EAILWAY   FEANCHISE8. 

in  miles;  lengthof  double  track,  including  sidings;  weight 
of  rail,  by  yard;  the  number  of  cars  and  of  horses;  the 
number  of  motors;  the  total  number  of  passengers  carried 
in  cars;  the  average  time  consumed  by  passenger  cars  in 
pssing  over  the  road;  repairs  of  roadbed  and  railway, 
mcluding  iron,  and  repairs  of  buildings  and  fixtures;  total 
cost  of  maintaining  road  and  real  estate;  cost  of  general 
superintendence;  salaries  of  officers,  clerks,  agents,  and 
office  expenses;  wages  paid  conductors,  drivers,  engin- 
eers, and  motor  men;  water  and  other  taxes;  damages  to 
prsons  and  property,  including  medical  attendance;  rents, 
mcluding  use  of  other  roads;  total  expense  of  operating 
road,  and  repairs;  receipts  from  passengers;  receipts  from 
all  other  sources,  specifying  what,  in  detail;  total  receipts 
from  all  sources  during  the  year;  payments  for  mainte- 
nance and  repairs;  payments  for  interest;  payments  for 
dividends  on  stock,  amount  and  rate  per  centum;  total 
payments  during  the  year;  the  number  of  persons  injured 
m  life  and  limb;  the  cause  of  the  injury,  and  whether  pas- 
sengers, employees,  or  other  persons. 
Fare.  Sec.  11.  That  each  of  said  companies  shall  receive  a  rate 

of  fare  not  exceeding  ^ve  cents  per  passenger,  and  the 
said  companies,  and  each  of  them,  shall  make  arrange- 
ments with  all  existing  railway  companies  in  the  District  of 
Columbia  for  the  interchange  of  tickets  in  payment  of  fare 
on  its  road:  Provided,  That  within  the  limits  of  the  District 
of  Columbia  six  tickets  shall  be  sold  for  twenty-five  cents. 

«.^i®"?°*®°*'     ^^^-  1^-  '^^^*'  Congress  reserves  the  riffht  to  alter, 
repeal,  etc.        amend,  or  repeal  this  Act. 

Approved,  June  10,  1896. 


Feb.  3, 1897. 


t 


JOINT  RESOLUTION  Extending  time  for  compliance  by  Eckington 
and  Soldiers'  Home  Railway  Company  and  the  Belt  Railway  Com- 
pany with  provisions  of  section  one  of  an  Act  entitled  an  Act  to 
extend  the  routes  of  said  railway  companies,  and  so  forth,  approved 
June  tenth,  eighteen  hundred  and  ninety-six. 

Resolved  hv  the  Senate  and  Home  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled.  That 
jjmeeztended  the  time  granted  by  the  Act  approved  June  tenth,  eighteen 
hundred  and  ninety-six,  within  which  the  said  Eckington 
and  Soldiers'  Home  Railway  Company,  of  the  District  of 
Columbia,  and  the  Belt  Railway  Company,  of  the  District 
.  of  Columbia,  shall  begin  to  equip  those  portions  of  their 
respective  lines  which  are  situated  within  the  boundary  of 
the  city  of  Washington  with  compressed-air  motors,  be, 
and  It  is  hereby,  extended  to  July  first,  eighteen  hundred 
and  ninety -seven. 

Sec.  2.  That  if  said  compressed-air  motors  shall  be 
adopted,  said  companies  shall  completely  equip  their  re- 
spective lines  with  such  motive  power  on  or  before  July 
first,  eighteen  hundred  and  ninety  eight. 

Sec.  3.  That  if  said  compressed-air  motive  power  shall 
not  be  adopted  on  or  before  July  first,  eighteen  hundred 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.         127 

and  ninety-seven,  then  said  railway  companies  shall,  within 
one  year  from  July  first,  eighteen  hundred  and  ninety- 
seven,  equip  the  respective  lines  in  the  city  of  Washing- 
ton with  an  underground  electric  system:  Provided^  That 
in  case  the  said  companies  shall  fail  to  comply  with  all  of 
the  requirements  of  this  Act  by  the  time  therein  fixed  the 
said  companies  and  each  of  them  shall  forfeit  and  pay  to  Penalty, 
the  Commissioners  of  the  District  of  Columbia  the  sum  of 
one  hundred  dollars  for  each  day  of  such  failure:  And  pro- 
vided furthe^\  That  if  said  companies  shall  fail  to  operate 
the  whole  of  their  respective  lines  as  provided  by  An  Act 
entitled  An  Act  to  extend  the  routes  of  said  railway  com- 

Sanies,  and  so  forth,  approved  June  tenth,  eighteen  hun- 
red  and  ninety-six,  in  such  manner  and  on  such  schedules    schedules. 
as  the  Commissioners  shall  approve,  then  said  companies 
and  each  of  them  shall  forfeit  and  pay  to  the  District  Com-   Penalty, 
missioners  the  sum  of  one  hundred  dollars  for  each  day  of 
such  failure. 

Sec.  4.  All  acts  or  parts  of  acts,  inconsistent  with  this 
Act  are  hereby  repealed. 
Approved,  February  3, 1897. 


AN  ACT  To  amend  the  charter  of  the  Eckington  and  Soldiers'  Home    June  27, 1898. 
Railway  Company  of  the  District  of  Columbia,  the  Maryland  and  i^      " 

Washington  Railway  Company,  and  for  other  purposes. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  a^semhled^  '^^^*' sowS^^Home 
the  Eckington  and  Soldiers'  Home  Railway  Company  of  Rwy.  may  pur- 
the  District  of  Columbia  be,  and  it  is  hereby,  autnorized  Maryland  S 
to  purchase  or  lease  the  property  and  franchises  or  any  wa^shington 
part  thereof,  of  the  Maryland  and  Washington  Railway 
Company  of  the  District  of  Columbia  and  that  part  of  the 
property  and  franchises  of  the  Columbia  and  Marj^land 
Railway  Company  of  Maryland  lying  between  the  District 
line  and  the  town  of  Laurel,  Maryland,  and  the  Maryland 
and  Washington  Railway  Company  is  hereby  authorized 
to  sell  or  lease  its  property  and  franchises  to  the  said  Eck- 
ington and  Soldiers'  Home  Railway  Company:  Provided^ 
That  only  one  fare,  not  exceeding  the  rate  now  authorized   Fare, 
by  law,  shall  be  charged  for  a  single  continuous  ride  over 
all  the  lines  in  the  District  of  Columbia  affected  by  such 
purchase  or  lease. 

Sec.  2.  That  the  said  Eckington  and  Soldiers'  Home 
Railway  Company,  under  the  supervision  of  the  Commis-  to  equip  with 
sioners  of  the  District  of  Columbia,  shall  fully  equip  all  its  sy^m^^'**"" 
lines  now  owned  and  operated  within  the  city  of  Washing- 
ton and  also  the  North  Capitol  street  line  from  the  inter- 
section of  G  street  north  and  New  Jersey  avenue  to  T 
street  north  with  an  underground  electric  system  essen- 
tially similar  to  the  underground  system  now  in  use  by  the 
Metropolitan  Railroad  Company  in  said  citv,  upon  plans 
to  be  submitted  to  and  approved  by  the  said  Commission- 


128        LAW8   RELATING   TO   STREET-RAILTVAY   FRANCHISES. 


Not  to  use 
cables  for  light- 
ing or  power. 


I 
I 

I 


Commissioners 
may  permit  con- 
duits to  be  ex- 
tended for  five 
blocks. 


To  pay  taxes 
and  wages  of 
employees. 


Route  amend 
ed. 


(; 


ers,  and  shall  have  its  cars  regularly  running  by  said  sys- 
tem within  twelve  months  from  the  passage  of  this  Act: 
Provided,  Thsit  nothing  herein  contained  shall  be  construed 
as  authorizing  or  permitting  said  company  to  use  their 
conduits  or  cables  or  electrical  conductors  of  any  character 
whatever  for  the  purpose  of  electric  lighting  or  power, 
except  such  as  may  be  necessary  for  the  lighting  and  pro- 
pelling of  the  cars  and  other  machinery  of  such  road  and 
the  power  house  of  said  company,  or  other  property  owned 
or  acquired  by  said  company  adjacent  to  the  lines  of  the 
road  and  necessary  for  the  operation  of  said  road:  Pro- 
vided^ however^  That  the  Commissioners  of  the  District  of 
Columbia  are  hereby  authorized  to  permit  street  railway 
companies  using  the  underground  electric  system  to  con- 
struct conduits  not  exceeding  five  blocks  in  length  to  con- 
nect their  existing  conduits  for  the  pui-pose  of  conveying 
electric  current  to  be  used  for  street  railway  purposes  only: 
And  p-romded  further,  That  before  permits  shall  be  issued 
to  begin  such  work  all  taxes  and  special  assessments  due 
and  unpaid  to  the  District  of  Columbia,  and  all  indebted- 
ness due  the  employees  for  labor,  or  due  others  for  coal, 
feed,  horseshoes,  and  other  supplies,  contracted  for  by  the 
receiver  of  the  said  Eckington  and  Soldiers'  Home  Rail- 
way, duly  appointed  by  the  court,  and  used  on  behalf  and 
for  the  benefit  of  said  company,  during  such  receivership, 
and  to  be  approved  by  the  court  appointing  such  receiver, 
shall  first  be  paid:  Provided,  That  in  case  of  any  lines  pur- 
chased or  leased  by  said  Eckington  and  Soldiers'  Home 
Railway  Company,  such  lines  within  the  city  of  Washing- 
ton shall  be  fully  equipped  with  said  underground  electric 
system  within  twelve  months  from  the  completion  of  such 
purchase  or  lease,  and  the  North  Capitol  street  branch 
shall  be  completed  with  the  underground  system  to  the  Sol- 
diers' Home  within  twelve  months  from  the  opening  and 
grading  of  said  street. 

Sec.  3.  That  the  route  of  the  Eckington  and  Soldiers' 
Home  Railway  Company  shall  be  as  at  present,  with  the 
following  changes,  to  wit:  Between  the  intersections  of  T 
and  Third  streets  northeast  and  R  and  Second  streets  north- 
east one  track  shall  be  abandoned,  and  in  lieu  thereof  a 
single  track  shall  be  constructed  between  the  same  points 
on  T  and  Second  streets  northeast;  between  the  intersec- 
tions of  Eckington  place  and  Florida  avenue  and  New  York 
avenue  and  First  street  northeast  both  tracks  shall  be  aban- 
doned, and  in  lieu  thereof  a  double  track  shall  be  con- 
structed between  these  two  points,  crossing  Florida  avenue 
and  on  First  street;  between  the  intersections  of  New  York 
avenue  and  Fifth  street  and  Fifth  street  and  G  street 
northwest,  the  roadway  shall  be  widened  to  a  width  of 
forty-five  feet,  one-half  at  the  expense  of  said  company, 
and  one-half  at  the  expense  of  any  District  of  Columbia 
appropriation  available  for  such  work;  a  single  track  be- 
tween First  and  C  streets  and  Fourth  and  D  streets  north- 
east shall  be  abandoned,  and  in  lieu  thereof  a  single  track 


Capital  stock. 
Bonds. 


Limit  of  issue. 


LAWS   RELATING    TO   STREET-RAILWAY    FRANCHISES.         129 

shall  be  constructed  on  D  and  First  streets  northeast,  be-^^^^*°<io°e<* 
tween  these  points:  Provided  further,  That  the  abandoned 
tracks  shall  be  removed,  and  the  single  tracks,  with  all  the 
necessary  switches,  turn-outs,  and  so  forth,  shall  be  located 
subject  to  the  approval  of  the  Commissioners  of  the  Dis- 
trict of  Columbia. 

Sec.  4.  That  the  said  Eckington  and  Soldiers'  Home 
Railway  Company  is  hereby  authorized  to  issue  its  capital 
stock  and  its  bonds  to  an  aggregate  amount  sufficient  to 
cover  the  cost  of  the  property  and  franchises  whose  pur- 
chase or  lease  is  herein  provided  for  and  the  cost  of  the 
construction,  equipment,  and  reequipment  of  the  railway 
lines  now  owned  by  the  said  Eckington  and  Soldiers]  Home 
Railway  Company  or  hereafter  to  be  acquired  by  said  com- 
pany, and  to  secure  said  bonds  by  mortgage  or  deed  of 
trust  of  any  part  or  all  of  its  property  and  franchises,  as 
now  owned  or  hereafter  to  be  acquired  under  the  provi- 
sions of  this  Act  or  otherwise:  Provided,  That  such  stock 
and  bonds  shall  be  issued  to  such  an  amount  and  upon  such 
terms  as  may  be  agreed  upon  by  the  majority  stockholders 
of  such  company:  And  provided  further,  That  the  issue  of 
such  bonds  and  stock  shall  not  in  the  aggregate  exceed  the 
amount  necessary  for  effecting  any  such  purchase,  lease, 
or  acquisition  and  for  the  construction,  reconstruction,  and 
equipment  aforesaid,  and  the  total  outstanding  bonds  and 
stock  shall  in  no  event  exceed  the  sum  of  one  hundred 
and  fifty  thousand  dollars  per  mile  of  single  track. 

Sec.  5.  That  within  sixty  days  from  the  date  of  the^ 

approval  of  this  Act  the  Eckington  and  Soldiers'  Home  stmction 
Railway  Company  shall  deposit  five  thousand  dollars  with 
the  collector  of  taxes  of  the  District  of  Columbia  to  guar- 
antee the  construction,  equipment,  and  reequipment  of  its 
lines,  as  authorized  and  prescribed  by  this  Act.  If  said 
sum  is  not  so  deposited,  then  this  Act  shall  be  void.  If 
said  sum  is  so  deposited  and  the  said  lines  are  not  recon- 
structed, equipped,  and  reequipped  as  herein  provided  for, 
then  said  sum  of  five  thousand  dollars  shall  be  forfeited 
to  the  District  of  Columbia,  and  this  Act  shall  be  void. 

Sec.  6.  That  the  power  to  institute  condemnation  pro- 
ceedings conferred  upon  the  Maryland  and  Washington 
Railway  Company  bv  section  twenty-four  of  the  joint 
resolution  entitled  ''A  joint  resolution  to  extend  the  charter 
of  the  Maryland  and  Washington  Railway  ("ompany," 
approved  August  twenty-third,  eighteen  hundred  and 
ninety-four,  be,  and  the  same  is  hereby,  continued  in  force 
one  year  from  the  passage  of  this  Act. 

Sec.  7.  That  on  and  after  twelve  months  from  the  passage   ^^^orpenaiiy 

of  this  Act  the  Eckington  and  Soldiers'  Home  Railway 
Company  shall  pay  to  the  District  of  Columbia,  in  addi- 
tion to  all  other  taxes  now  required  to  be  paid  by  the  said 
Eckington  and  Soldiers'  Home  Railway  Company,  the  sum 
of  fifty  dollars  for  each  and  every  day  thereafter  until 
said  road  shall  be  completed. 

16400—05 9 


'  II 


Deposit     to 
guarantee    con- 


Forfeit. 


Condemna- 
tion. 


L 


I  -.'. 


I   : 


;  v 


'     !■ 


130        LAWS    RELATING    TO   STREET-RAILWAY   FRANCHISES. 

**®"'  Sec.  8.  That  nothing  herein  shall  be  construed  to  relieve 

any  of  the  corporations  herein  mentioned  from  any  just 
liability  nor  to  in  any  manner  affect  any  valid  subsisting 
claim  of  any  creditor  against  said  corporations,  or  either 
of  them. 

nam7toci?y*ai?l  Sec.  9.  That  the  Eckiugtou  and  Soldicrs' Home  Railway 
Suburban.  Company  is  hereby  authorized  to  change  its  name  to  City 
and  Suburban  Railway  of  Washington  by  a  majority  vote 
of  its  stockholders,  such  change  to  become  operative  when 
a  certificate  of  the  action  of  the  stockholders  shall  have 
been  recorded  in  the  office  of  the  recorder  of  deeds  of  the 
District  of  Columbia;  such  certificate  to  be  signed  by  the 
president,  attested  by  the  secretary,  and  the  corporate  seal 
to  be  attached  thereto. 

Sec.  10.  That  Congress  reserves  the   right  to  alter 
amend,  or  repeal  this  Act.  /  ' 

Approved,  June  27,  1898. 


!! 


^^^^^^^-  JOINT  RESOLUTION  To  promote  the  relocation  of  certain  tracks 
of  the  City  and  Suburban  Railway  Company,  of  the  District  of 
Columbia. 

Besolyed  by  the  Senate  and  Hmise  of  Representatives  of 
the  TJmted  States  of  Amet^ica  in  Congress  assemhled.  That 
a^o^J?"s4ngS  t^^  City  and  Suburban  Railway  Company,  of  Washington, 
Square.  be,  and  it  is  hereby,  authorized  and  directed  to  abandon  its 

single  track  passing  around  the  south  side  of  Stanton  Square, 
and  in  lieu  thereof  construct  an  additional  single  track  on 
the  north  side  of  Stanton  Square  from  the  intersection  of 
Fourth  and  C  streets  northeast  to  Sixth  and  C  streets  north- 
east. That  the  City  and  Suburban  Railway  of  Washing- 
ton, be  and  it  is  hereby  authorized  and  required  within  six 
months  after  the  passage  of  this  Act,  to  equip  with  the  same 
uJde^3?J?u''d""^^^?^^"°^  system  of  electrical  propulsion,  as  is  now 
eiectricfys^"m.  being  installed  on  its  urban  lines  the  following  portion  of  its 
suburban  route,  to  wit: 

Beginning  at  the  intersection^of  Florida  avenue  and  Eck- 
ington  place,  and  running  thence  north  through  Eckington 
place  to  north  R  street;  thence  east  on  north  R  street  to 
east  Third  street;  thence  by  single  track  north  on  east  Third 
street  to  north  T  street;  thence  still  by  single  track  west 
on  north  T  street  to  east  Second  street;  thence  south  on 
east  Second  street  to  north  R  street;  thence  on  north  R 
street  to  Eckington  place,  and  thence  to  the  beginning: 

Providing,  upon  completion  by  said  City  and  Suburban 
Railway  of  the  underground  construction  hereinbefore  pro- 
vided for,  the  obligation  of  the  said  City  and  Suburban 
Railway  imposed  by  section  two  of  the  act  approved  June 
twenty-seventh,  eighteen  hundred  and  ninety-eight,  in  re- 
spect to  the  construction  of  its  line  on  North  Capitol  street 
north  of  T  street,  shall  cease  and  in  lieu  of  that  provision 
said  City  and  Suburban  Railway  is  required,  within  six 
months  after  North  Capitol  street  shall  have  been  graded, 


Route. 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES.         131 

to  construct  and  operate  a  double-track  railway  on  North  p  M^^^^.-^JlfVoSd 
Capitol  street  f rom  T  street  to  Michigan  avenue;  thence  overhead  troi- 
on  Michigan  avenue  east  to  connect  with  its  present  tracks  ^^y- 
on  Bunker  Hill  road. 

Said  railway  on  North  Capitol  street  north  of  T  street 
and  on  Michigan  avenue  is  to  be  operated  by  the  overhead 
trolley  system;  but  the  right  to  operate  an  overhead  trol- 
ley on  North  Capitol  street  shall  cease  and  determine  on 
July  first,  nineteen  hundred  and  four,  or  whenever  after 
that  date  the  said  street  shall  be  paved;  and  the  said  com- 
pany shall,  on  and  after  said  date  or  paving  as  aforesaid 
operate  the  said  portion  of  its  line  by  the  underground 
electric  system. 

Approved,  March  3,  1899. 


h 


GEORGETOWN  AND  TENNALLYTOWN  RAILWAY  COMPANY. 


Georgetown 
and  Tennally- 
town  Railway 
Company  incor- 
porated (amend- 
ed). 


AN  ACT  To  incorporate  the  Georgetown  and  Tennallytown  Railway    August  22, 1888. 
Company  of  the  District  of  Columbia.  stats.  25,  p.  446. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Cmigress  assembled.  That 
John  W.  Thompson,  Richard  H.  Goldsborough,  William  J. 
Thompson,  Henry  H.  Dodge,  W.  K.  Ryan,  Osceola  C. 
Green,  and  Norval  W.  Burchell,  of  the  District  of  Colum- 
bia; Arthur  E.  Bateman,  T.   W.  Pearsall,  and  Harvey 
Durand,  of  the  city  and  State  of  New  York;  and  Nathan- 
iel W.  Bowe  and  John  A.  Coke,  of  the  city  of  Richmond, 
State  of  Virginia,  and  their  associates,  successors,   and 
assigns,  be,  and  they  are  hereby,  created  a  body  corporate 
under  the  name  of  the  Georgetown  and  Tennallytown,  Rail- 
way Company  of  the  District  of  Columbia,  with  authority 
to  construct  and  lay  down  a  single  or  double  track  railway, 
with  necessary  switches,  turn-outs,  and  other  mechanical 
devices  for  operating  the  same  by  cable  or  electric  power 
for  carrying  passengers  in  the  District  of  Columbia,  from 
the  Potomac  River  near  High  street,  to,  and  along  High 
street  in  Georgetown  to  the  Tennallytown  road,  but  wholly 
outside  of  the  limits  of  said  road,  and  along  the  side  of 
the  said  road  to  the  District  line;  also  the  privilege  of 
laying  such  conduits  beneath  the  surface  of  Water  street 
for  the  purpose  of  conveying  or  communicating  power  from 
any  suitable  point  along  said  W^ater  street  to  said  High 
street,  as  may  be  found  necessary,  and  subject  to  tne 
approval  of  the  Commissioners  of  the  District  of  Columbia: 
Provided,  howevei\  That  such  conduits  shall  be  laid  so  as 
not  to  impair  the  surface  of  said  Water  street  for  traflSc 
and  wagon  travel.    Whenever  the  foregoing  route  or  routes 
may  coincide  with  the  duly  authorized  route  or  routes  of 
other  duly  incorpomted  street  railway  companies  in  the 
District  of  Columbia,  either  or  both  company  may  use  the 
said  track  when  necessary;  and  in  such  case  they  may  use 
such  tracks  in  common,  upon  such  fair  and  equitable  terms 
as  may  be  agreed  upon  by  said  companies;  and  in  the  event 
said  companies  fail  to  agree  upon  equitable  terms,  either 
of  said  companies  may  apply  by  petition  to  the  supreme 
court  of  the  District  of  Columbia,  which  shall  hear  and 
determine  the  matter  in  due  form  of  law,  and  adjudge  to 
the  proper  party  the  amount  of  compensation  to  be  paid 
therefor,     waid  corporation  is  authorized  and  empowered 
to  propel  its  cars  on  such  other  lines  as  it  shall  coincide 
with  by  cable  power  or  such  other  motive  power  as  it  is 
authorized  to  use  to  propel  its  own  cars  over  the  routes 

133 


Motive  power. 


Route. 


Conduits. 


Coinciding 
routes. 


Motive  power. 


Fare. 


Construction. 


Paving. 


( 


■  'I 


r  I- 


I ' 


i 


I 


184        LAWS   RELATING    TO    STREET-RAILWAY    FRANCHISES. 

prescribed  in  this  act,  and  may  repair  and  construct  such 
portions  of  its  road  as  ma}^  be  upon  the  line  or  route,  or 
routes,  of  any  other  road  thus  used;  and  in  case  of  any 
disagreement  regarding  such  construction  or  repairs  with 
any  company  whose  line  is  thus  used,  such  disagreement 
may  be  heard  and  determined  summarily  upon  the  appli- 
cation of  either  road  to  any  court  in  said  District  having 
common-law  jurisdiction.    Said  company  shall  receive  a  rate 
of  fare  not  exceeding  five  cents  for  each  passenger  for  any 
distance  between  the  termini  of  said  railway,  and  shall  sell 
tickets  in  packages  six  for  twenty-five  cents.     Said  railway 
shall  be  constructed  of  good  materials  and  in  a  substantial 
manner,  with  rails  of  the  most  approved  patern,  the  gauge 
to  correspond  with  that  of  other  city  railroads,  all  to  be 
approvecf  by  the  Commissioners  of  the  District  of  Colum- 
bia.    The  tracks  of  said  railway,  the  space  between  the 
tracks,  and  two  feet  beyond  the  outer  rails  thereof,  where 
the  streets  are  now  paved,  or  shall  hereafter  be  paved, 
which  this  franchise  is  intended  to  cover,  shall  be  at  all 
times  kept  by  said  corporation  well  paved  and  in  good 
order,  and  on  streets  and  roads  not  paved  said  corporation 
shall  keep  said  tracks  and  the  space  between  them  in  good 
repair,  at  its  own  expense,  and  subject  to  the  approval  of 
the  District  Commissioners.     It  shall  be  lawful  for  said 
corporation,  its  successors  or  assigns,  to  make  all  needful 
Excavations,   and  Convenient  trenches  and  excavations  in  any  streets  or 
places  where  said  corporations  may  be  authorized  to  con- 
struct and  operate  its  roads,  and  to  place  in  such  trenches 
and  excavations  all  the  needful  and  convenient  devices  and 
machinery  for  operating  said  railroad  in  the  manner  and  by 
the  means  aforesaid.     It  shall  also  be  lawful  for  said  cor- 
poration, its  successors,  or  assigns,  to  erect  and  maintain, 
at  such  convenient  and  suitable  points  along  the  line  as 
may  seem  most  desirable  to  the  board  of  directors  of  said 
corporation,  and  subject  to  the  approval  of  the  Commis- 
^^nginehouses.  sionci's  of  the  District,  an  engine-house  or  houses,  boiler- 
house,  and  other  buildings  necessary  for  the  successful 
operation  of  such  cable  or  electric  railroad.     The  rate  of 
Speed.  speed  on  said  road  shall  not  exceed  twelve  miles  an  hour, 

under  a  penaltv  of  fifty  dollars,  recoverable  by  the  Com- 
missioners of  the  District  by  suit  in  any  court  of  compe- 
Annuaireport.  tent  jurisdiction  in  the  District  of  Columbia.  Said  com- 
pany shall,  on  or  before  the  fifteenth  of  January  of  each 
year,  make  a  report  to  Congress  of  the  names  of  all  the 
stockholders  therein  and  the  amount  of  stock  held  by  each, 
together  with  a  detailed  statement  of  the  receipts  and 
expenditures,  from  whatever  source  and  on  whatever 
account,  for  the  precedingyear  ending  December  the  thirty- 
first,  which  report  shall  be  verified  by  affidavit  of  the  presi- 
dent and  secretary  of  said  company;  and  said  company 
shall  pay  to  the  District  of  Columbia,  in  lieu  of  personal 
taxes  for  the  next  ensuing  year  four  per  centum  of  its  gross 
earnings  upon  traffic  for  the  preceding  year  as  shown  by 
said  verified  statement,  which  amount  shall  be  payable  to 


Taxes. 


SubscripJon. 


LAWS   RELATING    TO    STREET-RAILWAY   FRANCHISES.         135 

the  collector  of  taxes  at  the  times  and  in  the  manner  that 
other  taxes  are  payable,  and  subject  to  the  same  penalties 
on  arrears;  and  the  franchise  and  property  of  said  com- 
pany, both  real  and  personal,  to  a  sufficient  amount,  may 
be  seized  and  sold  in  satisfaction  thereof,  as  may  be  pro- 
vided by  law  for  the  sale  of  other  property  for  taxes;  and 
said  per  centum  of  its  gross  earnings  shall  be  in  lieu  of  all 
other  assessments  of  personal  taxes  upon  its  property,  used 
solely  and  exclusively  in  the  operation  and  management  of 
said  railway. 

Sec.  2.  That  the  capital  stock  of  said  company  shall  be    capital  stock, 
two  hundred  thousand  dollars  in  shares  of  fifty  dollars 
each.     Said  company  shall  require  the  subscribers  to  the 
capital  stock  to  pay  in  cash  to  the  treasurer  appointed  by 
the  corporators  the  amounts  severally  subscribed,  as  fol- 
lows, namely:  Ten  per  centum  at  the  time  of  subscribing, 
and  the  balance  of  such  subscriptions  to  be  paid  at  such 
times  and  in  such  amounts  as  the  board  of  directors  may 
require,  and  no  subscription  shall  be  deemed  valid  unless 
the  ten  per  centum  thereof  shall  be  paid  at  time  of  sub- 
scribing, as  hereinbefore  provided;  and  if  any  stockholder 
shall  refuse  or  neglect  to  pay  any  installments  as  afore- 
said, or  as  required  by  a  resolution  of  the  board  of  direct- 
ors, the  board  of  directors  may  sell  at  public  auction,  to  the 
highest  bidder,  so  many  shares  of  his  said  stock  as  shall 
pay  said  installment  (and  the  highest  bidder  shall  be  taken 
to  be  the  person  who  oflfers  to  purchase  the  least  number 
of  shares  for  the  assessment  due),  under  such  general  reg- 
ulations as  may  be  adopted  in  the  by-laws  of  said  company; 
but  no  stock  shall  be  sold  for  less  than  the  total  assess- 
ments due  and  payable;  or  said  corporation  may  sue  and 
collect  the  same  from  any  delinquent  subscriber,  in  any 
court  of  competent  jurisdiction.     The  said  company  shall 
place  first-class  cars  on  said  railways,  with  all  modern  im- 
provements for  the  convenience  and  comfort  of  passengers-, 
and  shall  run  cars  thereon  as  often  as  the  public  conven- 
ience may  require.    And  according  to  a  published  schedule 
to  be  filed  with  the  District  Commissioners,  and  be  approved 
by  them.     The  said  company  may  buy,  lease,  or  construct 
passenger  rooms,  ticket  offices^  workshops,  depots,  and 
buildings  as  they  may  deem  necessary,  at  such  points 
along  its  line  as  may  be  approved  by  the  Commissioners 
of  the  District,  and  as  the  business  of  the  railway  and 
the  convenience  of  the  public  may  require.     Whenever 
one-half  of  the  said  whole  capital  stock  of  said  company 
so  subscribed,  as  aforesaid,  shall  have  been  paid  in,  the 
said  corporation  shall  have  the  right  to  issue  bonds  to  an 
amount  equal  to  half  the  stock  subscribed,  to  be  secured  by 
mortgage  of  its  franchise  and  property,  real  and  personal: 
Provided^  That  no  larger  amount  of  stock  and  bonds  shall 
be  issued  than  the  actual  cash  cost  of  the  construction  and 
equipment  of  the  road:  Provided,  That  the  moneys  raised 
on  said  bonds  shall  be  used  and  expended  for  the  improve- 
ment and  completion  of  the  said  road,  and  not  for  the  pur- 


r 


Cars. 


? 


Passenger 
rooms,  etc. 


Bonds. 


Limit  of  stock 
and  bonds. 


•  ; 


^ 


OH 


136        LAWS   RELATING   TO   STREET-RAILWAY   FRANCHIRER. 

pose  of  repaying  the  said  coiporation  for  the  moneys 
expended  by  it  on  said  road.  Within  thirty  days  after  the 
passage  of  this  act  the  corporators  named  in  the  first  sec- 
tion, or  a  majority  of  them,  or  if  any  refuse  or  neglect  to 
act,  then  a  majority  of  the  remainder,  shall  cause  books  of 
subscription  to  the  capital  stock  of  said  company  to  be 

suVs'c;ip"t^o"n?r°f  """^  kept  opened,  in  some  convenient  and  accessi- 
books.  ble  place  in  the  District  of  Columbia,  from  nine  o'clock  in 

the  forenoon  till  five  o'clock  in  the  afternoon,  for  a  period  to 
be  hxed  by  said  corporators,  not  less  than  two  days  (unless 
the  whole  stock  shall  be  sooner  subscribed  for) ;  anJi  said  cor- 
porators shall  give  public  notice,  by  advertisement  in  one  or 
more  of  the  daily  papers  published  in  the  city  of  Washing- 
ton, of  the  time  when  and  the  place  where  said  books  shall 
be  opened;  and  subscribers  upon  said  books  to  the  capital 
Pav™.nt        s^ck  of  the  company  shall  be  held  to  be  stockholders: 
Payments.      Promded,  That  every  subscriber  shall  pay,  at  the  time  of 
subscribmg  ten  per  centum  of  the  amount  by  him  sub- 
scribed to  the  treasurer  appointed  by  the  corporators,  or 
his  subscription  shall  be  null  and  void:  Provided  further, 
Ihat  nothing  shall  be  received  in  payment  of  the  ten  per 
centum  at  the  time  of  subscribing,  except  lawful  money 
or  certified  checks  from  any  established  national  banking- 
house.     And  when  the  books  of  subscription  to  the  capital 
stock  of  said  company  shall  be  closed,  the  corporators  and 
in  case  any  of  them  refuse  or  neglect  to  act,  then  a  maior- 
M     ..        ,\.^^t  ^f°^^i»4^r'  shall,  within  twenty  days  thereafter, 
st^kWid?:!.  "'f "  ^\  first  meeting  of  the  stockholders  of  said  company 
to  meet  within  ten  days  thereafter,  for  the  choice  of  direct- 
ors,  of  which  meeting  notice  shall  be  given  in  a  public 
newspaper  published  daily  in  the  city  of  Washington,  and 
by  written  personal  notice  to  be  mailed  to  the  address  of 
each  stockholder  by  the  clerk  of  the  corporation;  and  in 
fu   ?^^fi^°^«  «*  the  stockholders  each  share  shall  entitle 
the  holder  to  one  vote,  to  be  given  in  person  or  by  proxy. 
^EC.  3.  Ihat  the  government  and  direction  of  the  affairs 
of  the  company  shall  be  vested  in  the  board  of  directors 
nine  in  number,  who  shall  be  stockholders  of  record,  and 
who  shall  hold  their  office  for  one  year  and  until  others  are 
duly  elected  and  qualified  to  take  their  places  as  directors; 
and  the  said  directors  (a  majority  of  whom  shall  be  a  quo- 
rum) shall  elect  one  of  their  number  to  be  president  of  the 
comimny;  and  they  shall  also  choose  a  vice-president,  a 
secretary,  and  a  treasurer,  who  shall  give  a  bond,  with 
surety,  to  said  company,  in  such  sum  as  the  said  directors 
may  require  for  the  faithful  discharge  of  his  trust.     In  the 
^^^z  yacan-case  of  a  vacancy  in  the  board  of  directors  by  the  death, 
resignation,  or  otherwise  of  any  director,  the  vacancv  occa- 
sioned thereby  shall  be  filled  by  the  remaining  directors. 
Ihe  directors  shall  have  power  to  make  and  prescribe  such 
by-^laws,  rules,  and  regulations  as  they  shall  deem  needful 
and  proper  touching  the  disposition  and  management  of  the 

w  VP^.^P^'?^'  ^''^^  ^""^  ^^'^^t«  ^^  *he  company,  not  con- 
trary to  the  charter  or  to  the  laws  of  the  United  States  and 


Directors. 


Officers. 


By-laws. 


Exclusion  from 
cars. 


LAWS   RELATING   TO    STREET-RAILWAY    FRANCHISES.         137 

the  ordinances  of  the  District  of  Columbia.    There  shall  be  j^n»"«i  "^^^t- 
an  annual  meeting  of  the  stockholders  for  choice  of  direct- 
ors, to  be  held  at  such  time  and  place,  under  siich  conditions, 
and  upon  such  notice  as  the  said  company  in  their  by-laws 
may  prescribe;  and  said  directors  shall  annually  make  a 
report  in  writing  of  their  doings  to  the  stockholders  and 
to  the  Commissioners  of  the  District  of  Columbia.     Said 
company  shall  have  at  all  times  the  free  and  uninterrupted  ^F^ee  use  of 
use  of  the  railway;  and  if  any  person  or  persons  shall  will-  "^^  '^*^- 
fully  or  mischievously,  unnecessarily  obstruct  or  impede 
the  passage  of  the  cars  of  said  railway  with  a  vehicle  or 
vehicles,  or  otherwise,  or  in  any  manner  molest  or  interfere 
with  passengers  or  operatives  while  in  transit,  or  destroy 
or  injure  the  cars  of  said  railway,  or  depots,  stations,  or 
other  property  belonging  to  said  railway,  the  person  or 
persons  so  offending  shall  forfeit  and  pay  for  each  offense 
not  less  than  twenty-five  nor  more  than  one  hundred  dol- 
lars to  said  company,  to  be  recovered  as  other  fines  and 
penalties  of  said  District,  and  shall  remain  liable,  in  addi- 
tion to  said  penalty,  for  any  loss  or  damage  occasioned  by 
his  or  her  or  their  acts  as  aforesaid.     No  person  shall  be 
prohibited  the  right  to  travel  on  the  cars  of  said  roaxl,  or 
ejected  therefrom  by  the  company's  employees  for  any  other 
cause  than  of  being  drunk,  disorderly,  or  contagiously  dis- 
eased, or  for  the  use  of  obscene  or  profane  language,  refus- 
ing to  pay  the  legal  fare  exacted,  or  to  comply  with  the 
lawful  general  regulations  of  the  company.     The  said 
Georgetown  and  Tennallytown  Railway  Company  shall 
have  the  right  of  way  across  such  other  railways  as  are 
now  in  operation  within  the  limits  of  the  lines  granted  by 
this  act,  and  is  hereby  authorized  to  construct  its  said 
road  across  such  other  railways:  Provided^  That  it  shall 
not  interrupt  the  travel  of  such  other  railways  in  such 
construction.     The  principal  office  of  said  company  shall 
always  be  situated  in  the  city  of  Washington,  and  all  books 
and  papers  relating  to  the  business  of  said  company  shall 
be  kept  thereat,  and  open  at  all  times  to  the  inspection  of 
the  stockholders.     The  meeting  of  the  stockholders  and 
directors  shall  be  held  at  said  office.     The  book  in  which 
transfers  of  stock  shall  be  recorded  shall  be  closed  for  the 
purpose  of  such  transfer  thirty  days  before  the  annual 

election. 

Sec.  4.  That  the  said  work  shall  commence  within  one  ^c^^^^JJj^^^^ 
year  from  the  passage  of  this  act,  and  be  completed  its  pietioa. 
entire  distance,  with  switches  and   turn-outs,  and  with 
ears  running  thereon  for  the  accommodation  of  passengers, 
within  two  years  from  the  date  of  the  passage  of  this  act; 
otherwise  this  charter  shall  be  null  and  void. 

Sec.  5.  That  Congress  hereby  reserves  to  itself  the  right   Amendment. 
to  at  any  time  alter,  amend,  or  repeal  this  act. 

Received  by  the  President  August  10,  1888. 

[Note  by  the  Department  of  State.— The  foregoing 
act  haying  been  presented  to  the  President  of  the  United 


Crossings. 


I 


»; 


? 


J   > 


1»S8         LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES. 

•  States  for  his  approval,  and  not  having  been  returned  by 
him  to  the  house  of  Congress  in  which  it  originated  within 
the  time  prescribed  by  the  Constitution  of  the  United 
otates,  has  become  a  law  without  his  approval.] 


March  24, 1890.  AN  ACT  To  amend  an  act  to  incorporate  the  Georgetown  and  tennal- 
stats.  26,  p.  29.      ^ytown  Railway  Company  of  the  District  of  Columbia,  which  be- 
came a  law  August  tenth,  anno  Domini  eighteen  hundred  and  eighty- 
eigut.  ®    ^ 


Georgetown 
and  Tennallv- 
t  o  w  n  Railway 
Company  of  the 
District  of  Co- 
lumbia. 

Location  of 
tracks. 

Vol.  26,  p.  446, 
amended. 

Provisos. 

Location  of  in' 
ner  rails. 


Commissioners 
to  locate  rail- 
way. 


Be  tt  enacted  hy  the  Senate  and  Bouse  of  Bepresentatwes 
of  ttie  United  states  of  America  in  Congress  assemUed,  That 
the  act  entitled  ''An  act  to  incorporate  the  Georgetown  and 
lennallytown  Railway  Company  of  the  District  of  Colum- 
bia be,  and  the  same  hereby  is,  amended,  by  substituting 
after  the  words  and  along  High  street,  in  Georgetown,  to 
the  lennallytown  road  "  the  words  ''and  thence  aloncr  and 
in  said  road  for  the  words  "  but  wholly  outside  of  the  lim- 
its of  said  road  and  along  the  side  of  sai'd  road  " :  Provided, 
ihat  the  inner  line  of  rails  shall  be  at  the  minimum  distance 
of  eight  feet  from  the  center  of  the  improved  road- way 
And  provided  furthet^.  That  said  railway  shall  be  located  on 
such  side  of  the  road  way  as  may  be  indicated  by  the  Com- 
missioners of  the  District  of  Columbia. 

Approved,  March  24,  1890. 


July  14. 1892. 
Stats.  27,  p.  156. 


District  appropriation  act,  1893. 


* 


and^T  Jf  n  a^iT^ .   Provided,  That  the  streets  and  avenues  shall  be  completed 
Taif  p^y  for  V^^  ""^^^l '"  which  they  appear  in  said  schedules,  except 
certain  improve-  ^^^^  Street,  SO  far  as  the  amount  of  money  herein  aoDroDri- 
ja^g  to  Highat^d  shall  suffice  for  the  work,  and  one-half  of  the  cost  of 
widening  High  street  named  in  the  Georgetown  schedule 
shall  be  charged  to  the  Georgetown  and  Tennally  town  Hail- 
way  Company  of  the  District  of  Columbia  and  collected 
from  said  company  m  the  same  manner  as  the  cost  of  laying 
down  pavements,  sewers,  and  other  work,  or  repairing  the 
same,  lying  between  the  exterior  rails  of  the  tracks  of  street 
railways,  and  for  a  distance  of  two  feet  from  and  exterior 
to  such  track  or  tracks  on  each  side  thereof,  are  collectible 
under  the  provisions  of  section  five  of  the  act  entitled  "An 
act  providing  a  permanent  form  of  government  for  the  Dis- 
trict ot  Columbia,  approved  June  eleventh,  eighteen  hun- 
dred and  seventy-eiglit";  and  the  act  of  August  twenty- 
second,  eighteen  hundred  and  eighty-eight,  entitled  "An 
act  to  incorporate  the  Georgetown  and  Tennally  town  Rail- 
way Company  of  the  District  of  Columbia,"  is  herebyaltered 
and  amended  so  as  to  authorize  and  require  such  charge 
and  collection.  ^ 


* 


Approved,  July  14,  1892. 


Route. 


GEOEGETOWN  BAEGE,  DOCK,  ELEVATOE,  AND  EAILWAY  COMPANY. 

AN  ACT  To  incorporate  the  Georgetown  Barge,  Dock,  Elevator,  and    Sept.  26, 1888. 

Railway  Company.  stats.  25,  p.  492. 

Be  it  enactedhy  the  Senateand  Eomeof  RejJresentaUves    ^         ^^^^ 
of  the  United  States  of  America  in  Congress  assembled^  Ihat  garge,  Dock,  ei- 
Anthony  Hyde,  William  A.  Gordon,  Robert  B.  Tenney,  ejato^andjuii^ 
Henry  H.  Dodge,  Morris  J.  Adler,  Edward  L.  Dent,  John  A.  incorporated. 
Baker,JohnMarburv,andHenryM.Sweeny,theirassociates 
and  assigns,  be,  and*^they  are  hereby,  created  a  body  corpo- 
rate under  the  name  of  the  Georgetown  Barge,  Dock,  Eleva- 
tor, and  Railway  Company,  with  authority  to  build  and  main- 
tain a  dock  or  Socks  on  the  Potomac  River  west  of  Rock 
Creek,  and  to  receive  therein,  and  send  therefrom,  barges, 
vessels,  cargoes,  and  railway  cars,  from  and  to  any  points  on 
the  Potomac  River  and  its  tributaries  and  coastwise;  and  to 
construct  and  maintain  single  or  double  track  railways  in 
the  city  of  Georgetown  or  West  Washington,  District  ot 
Columbia,  through  and  along  Water  street,  beginning  at  a 
point  on  the  west  side  of  the  Aqueduct  Bridge,  through  and 
along  said  Water  street,  under  said  bridge  to  the  eastern  ter- 
minus of  said  Water  street  at  Rock  Creek,  y^ith  the  privilege 
of  extending  its  tracks  from  the  intersection  of  Water  street 
and  Washington  or  Thirtieth  street  along  Washington  or 
Thirtieth  street  to  the  Potomac  River,  and  from  the  inter- 
section of  Virginia  avenue  and  Washington  or  Thirtieth 
street  along  Virginia  avenue  to  Rock  Creek,  with  sidings, 
turn-outs,  turn-tables,  and  switches  necessary  for  the  deliv- 
ery of  cars  to  warehouses  and  depots  along  said  streets; 
and  also  to  construct  and  maintain  warehouses,  depots,  ^^^^^^  ^^ 
and  elevators  in  said  city  of  Georgetown  or  West  W  ash- 
ington,  with  the  right  to  receive  and  dispatch  boats  and 
freight  of  all  kinds,  and  to  run  cars  on  said  tracks,  sidings, 
switches,  turn-outs,  and  turn-tables,  propelled  by  steam, 
horse,  or  electric  power;  and  to  charge  and  receive  tor  the 
use  of  the  docks,  railway,  warehouses,  depots,  elevators, 
and  barges  of  said  companv,  such  rates  as  may  be  hxed 
by  the  directors,  with  the  approval  of  the  Commissioners 
of  the  District:  Provided,  That  when  said  lines  coincide   coinciding 
with  the  dulv  authorized  lines  of  any  duly  incorporated 
street  railway  of  the  District  of  Columbia,  said  company 
shall  lay  separate  and  independent  tracks  in  the  original 
construction  of  the  said  lines  whenever,  in  the  judgment 
of  the  Commissioners  of  the  District  of  Columbia,  it  shall 
be  deemed  by  them  possible  and  practicable  so  to  do. 
Whenever  the  foregoing  route  or  routes  may  coincide  with 

139 


Warehouses, 


Tiaclcs. 


.» 


I 


140        LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES. 

the  duly  authorized  route  or  routes  of  any  duly  incorporated 
street  railway  company  in  the  District  of  Columbia,  either 
or  both  companies  may  use  the  same  tracks,  when,  on 
account  of  the  width  of  the  streets,  or  for  other  sufficient 
reason  it  shall  be  deemed  by  the  Commissioners  of  the 
district  to  be  necessary;  and  in  such  case  they  may  use 
such  tracks  in  common,  upon  such  fair  and  equitable  terms 
Bs  may  be  agreed  upon  by  said  companies;  and  in  the 
event  said  company  fail  to  agree  upon  equitable  terms, 
either  of  said  companies  may  apply,  by  petition,  to  the 
supreme  court  of  tie  District  of  Columbia,  which  shall 
hear  and  determine  the  matter  in  due  form  of  law,  and 

construction.  Xllid  thLfn^^^^^^  '^ '  ^"^^^^  V^^  Compensation 
to  be  paid  therefor.     Said  railway  shall  be  constructed  of 

good  materials  and  m  a  substantial  manner,  with  the  rails 
of  American  manufacture  and  of  the  most  approved  pat- 
terns   laid  upon  an  even  surface  with  the  mvement  of 
the  street,  with  the  gauge  to  correspond  with  that  of  the 
Baltimore  and  Ohio  and  Baltimore  and  Potomac  Railroad 
Companies  all  to  be  approved  by  the  Commissioners  of 
the  Distnct  of  Columbia.     The  tracks  of  said  railwav 
the  space  between  the  tracks,  and  two  feet  beyond  the 
outer  rails  thereof,  which  this  franchise  is  intended  to 
cover,  shall  be  at  all  times  kept  by  said  corporation  well 
mved  and  in  good  repair  at  its  own  expense  and  subject  to 
the  approval  of  the  Commissioners  aforesaid.     And  if  the 
corporation  shall  fail  to  make  the  necessary  repairs  within 
ten  days  after  notice  by  the  Commissioners,  the  repairs 
shall  be  made  by  the  Commissioners,  and  the  cost  of  such 
repairs  be  recovered  by  the  Commissioners  before  any  court 
of  competent  jurisdiction.     It  shall  be  lawful  for  said  cor- 

etc.  by  Steam,  horse,  or  electric  power.     It  shall  also  be  lawful 

for  said  coiporation,  its  successors,  or  assigns,  to  erect  and 
maintain,  at  such  convenient  and  suitable  points  alon^  its 
lines  as  may  seem  most  desirable  to  the  board  of  directors 
of  said  corporation,  and  subject  to  the  approval  of  the 
Commissioners  of  the  District,  an  engine-hoAse  or  houses, 
boiler-house  or  houses,  and  all  other  buildings  necessary 

compi^tion  rn«d      Tr'*^^'-''"r^^  ^  S^^^-?'  ^^J^"'  ^^  ^^^^^''^  "^«t«r  rail- 
^^.ompu  tion,  road.     The  main  line  of  said  road  shall  be  completed  within 

two  years  from  the  passage  of  this  act;  and  if  work  is  not 

fn  TirJ!''^i^"'lr''!u'^''^'^  ^'"  ^^^^  ^^'^^  ^«  the  main  line 
m  SIX  months  after  the  passage  of  this  act,  then  the  privi- 
leges and  powers  granted  herein  to  said  corporation  shall 

Sec.  2.  That  the  capital  stock  of  said  comoanv  shall  nnf 
cap^^stoc..  exceed  fifty  thousand ^lars  and  be  not  ffiha^^^^^^^^^^ 

hve  thousand  dollars  m  shares  of  fifty  dollars  each;  but  if 
said  company  shall  find  it  necessary  to  purchase  or  con- 
struct barges  and  tug-boats  then  the  said  company  shall 
o^Z^^.^W''  issue  additional  stock  or  bonds,  not  ex- 
ceeding fifty  thousand  dollars:  Prc^ided^  however  Thfit  no 
bonds  shall  be  issued  hereunder  until  at  least  fifty  per  cen- 


LAWS   RELATING   TO    STREET-RAILWAY   FRANCHISES. 

turn  of  the  capital  stock  shall  have  been  actually  paid  into 
the  treasury  of  the  company  upon  stock  subscriptions,  and 
that  no  bonds  shall  be  issued  for  a  greater  sum  than  the 
sum  actually  paid  into  the  treasury  of  the  company  upon 
stock  subscriptions.     And  said  company  shall  reouire  the 
subscribers  to  the  capital  stock  to  pay  in  cash,  to  the  treas- 
urer appointed  by  the  corporators,  the  amounts  severally 
subscribed  by  them  as  follows,  namely:  Ten  per  centum 
at  the  time  of  subscribing  and  five  per  centum  each  thirty 
days  thereafter  until  fifty  per  centum  thereof  shall  have 
been  paid;  the  balance  of  such  subscriptions  to  be  paid  at 
such  times  and  in  such  amounts  as  the  board  of  directors 
may  require;  and  no  subscription  shall  be  deemed  valid 
unless  the  ten  per  centum  thereof  shall  be  paid  at  the  time 
of  subscribing  as  hereinbefore  provided;  and  if  any  stock- 
holder shall  refuse  or  neglect  to  pay  any  installment  as 
aforesaid,  or  as  required  by  a  resolution  of  the  board  of 
directors  after  reasonable  notice  of  the   same,  the  said 
board  of  directors  may  sell  at  public  auction,  to  the  high- 
est bidder,  so  many  snares  of  his  stock  as  shall  pay  said 
installment  (and  the  person  who  oif  ers  to  purchase  the  least 
number  of  shares  for  the  assessment  due  shall  be  taken  as 
the  highest  bidder),  and  the  sale  shall  be  conducted  accord- 
ing to  such  general  regulations  as  may  be  adopted  in  the  by- 
laws of  said  company ;  but  no  stock  shall  be  sold  for  less  than 
the  total  assessments  due  and  payable,  or  said  body  may 
sue  and  collect  the  same  from  any  delinquent  subscriber  in 
any  court  of  competent  jurisdiction.     The  said  company 
shall  buy,  lease,  construct,  and  maintain  workshops,  depots, 
lands,  and  buildings  as  they  may  deem  necessary  at  such 
points  along  its  line  as  may  be  approved  by  the  Comrais 
sioners  of  the  District,  and  as  the  business  of  the  company 
may  require:  Provided^  That  within  thirty  davs  after  the 
passage  of  this  act  the  corporators  named  in  the  first  sec- 
tion, their  associates,  successors,  or  assigns,  or  a  majority 
of  them,  or  if  any  refuse  or  neglect  to  act,  then  a  raajor- 
ity  of  the  remainder,  shall  cause  books  of  subscription  to 
the  capital  stock  of  said  company  to  be  opened,  and  kept 
open,  m  some  convenient  and  accessible  place  in  the  Dis- 
trict of  Columbia,  from  nine  o'clock  in  the  forenoon  till  five 
o'clock  in  the  afternoon,  for  a  period  to  be  fixed  by  said 
corporators,  not  less  than  ten  days  (unless  the  stock  shall 
be  sooner  subscribed;  and  said  corporators  shall  give  pub- 
lic notice,  by  advertisement  in  two  of  the  daily  papers 
published  in  the  city  of  Washington,  of  the  time  when  and 
the  place  where  said  books  shall  be  opened;  and  subscrib- 
ers upon  said  books  to  the  capital  stock  of  the  company  shall 
be  held  to  be  stockholders:  Prmnded^  That  every  subscriber 
shall  pay  at  the  time  of  subscribing  ten  per  centum  of  the 
amount  by  him  subscribed  to  the  treasurer  appointed  by  the 
corpoi-ators,  or  his  subscription  shall  be  null  and  void :  Pro- 
vic^d  furthe7\  That  nothing  shall  be  received  in  payment  of 
the  ten  per  centum  at  the  time  of  subscribing  and  the  addi- 
tional installments  hereinbefore  provided  f or,except  lawful 


141 


Bonds. 


Subscriptions. 


Organization. 


Payments    on 


stock. 


Directors. 


142        LAWS   BELATING   TO   STREET-RAILWAY   FRANCHISES. 

money  or  certified  checks  from  any  national  bank;  and  when 
stoJkhowSI  °'*^®  ^^^®  ^^  subscription  to  the  capital  stock  of  said  com- 
pjany  shall  be  dosed  the  corporators  named  in  the  first  sec- 
tion, their  associates,  successors,  or  assigns,  or  a  majority 
of  them,  and  in  case  any  of  them  refuse  or  neglect  to  act, 
then  a  majority  of  tlie  remainder  shall,  within  twenty 
days  thereafter,  call  the  first  meeting  of  the  stockholders 
of  said  company,  to  meet  within  ten  days  thereafter,  for 
the  choice  of  directors,  of  which  public  notice  shall  be 
given  for  five  days  in  two  daily  newspapers  published  in 
the  city  of  Washington;  and  in  all  meetings  of  the  stock- 
holders each  share  shall  entitle  the  holder  to  one  vote,  to 
be  given  in  person  or  by  proxy. 

Sec.  3.  That  the  government  and  direction  of  the  affairs 
of  the  company  shall  be  vested  in  the  board  of  directors, 
seven  in  number,  who  shall  be  stockholders  of  record,  and 
who  shall  hold  their  office  for  one  year,  and  until  their  suc- 
cessors are  duly  elected  and  qualified;  and  the  directors  (a 
majority  of  whom  shall  be  a  quorum)  shall  elect  one  of 
their  number  to  be  President  of  the  board,  who  shall  be 
president  of  the  company;  and  they  also  shall  choose  a 
vice-president,  a  secretary,  and  a  treasurer,  who  shall  give 
a  bond,  with  surety,  to  said  company,  in  such  sum  as  the 
said  directors  may  require,  for  the  faithful  discharge  of  his 
trust.  In  the  case  of  a  vacancy  in  the  board  of  directors, 
by  the  death,  resignation,  or  otherwise,  of  any  director,  the 
vacancy  occasioned  thereby  shall  be  filled  by  the  remaining 
directors.     The  directors  shall  have  power  to  make  and 

Srescribe  such  by-laws,  rules,  and  regulations  as  they  shall 
eem  needful  and  proper,  touching  the  disposition  and  man- 
agement of  the  stock,  property,  estate,  and  effects  of  the 
company,  not  contrary  to  the  charter  or  to  the  laws  of  the 
United  States  and  the  ordinances  of  the  District  of  Colum- 
bia.    There  shall  be  an  annual  meeting  of  the  stockholders 
for  election  of  directors,  to  be  held  at  such  time  and  place, 
under  such  conditions,  and  upon  such  notice  as  the  said  com- 
pany in  their  by-laws  may  prescribe;  and  said  directors 
Annual  report,  shall  annually  make  a  report,  in  writing,  of  their  doings  to 
the  stockholders.     If  any  person  or  persons  shall  willfully, 
^Obstruction  of  mischievously ,  or  unnecessarily  obstruct  or  impede  the  pas- 
sage of  the  cars,  engines,  or  barges  of  said  company  with  a 
vehicle  or  vehicles,  or  otherwise,  or  in  any  manner  molest 
or  interfere  with  operatives  while  in  transit,  or  destroy  or 
injure  the  tracks,  barges,  cars,  or  other  property  belonging 
.    to  said  company,  the  person  or  persons  so  offending  shall 
forfeit  and  pay  for  each  offense  not  less  than  twenty-five  nor 
more  than  one  hundred  dollars,  to  be  recovered  as  other  fines 
and  penalties  of  said  District,  and  shall  remain  liable,  in 
addition  to  said  penalty,  for  any  loss  or  damage  occasioned 
bj  his  or  her  or  their  acts  as  aforesaid.     That  the  Commis- 
ckS^iionere^^  ®J<^°®^^  ^^  *^^  District  shall  make  such  reasonable  regula- 
tions as  may  be  deemed  proper  to  prevent  the  said  railroad 
company  from  obstructing  any  of  the  streets  the  tracks  of 
said  company  may  cross,  and  for  the  violation  of  said  reg- 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES. 


143 


By-laws. 


Oflace. 


Annual  report 


ulations  the  said  company  shall  be  subject  to  a  penalty  not 
exceeding  one  hundred  dollars,  to  be  recovered  in  any  court 
of  competent  jurisduction.  The  principal  offices  of  said 
company  shall  always  be  situated  m  the  city  of  Washing- 
ton, and  all  books  and  papers  relating  to  the  business  of 
said  company  shall  be  kept  thereat  and  open  at  all  times 
to  the  inspection  of  the  stockholders.  The  meeting  of 
stockholders  and  directors  shall  be  held  at  said  office. 
The  book  in  which  transfers  of  stock  shall  be  recorded 
shall  be  closed  for  the  purpose  of  such  transfer  thirty 
days  before  the  annual  election. 

Sec.  4.  That  each  stockholder  in  the  said  company  shall  ^^^^^^  ®^ 
be  individually  liable  for  all  the  debts  and  liabilities  of 
said  company  to  the  amount  of  the  par  value  of  the  stock 
held  by  such  stockholder,  until  the  same  shall .  have  been 
fully  paid  up. 

Sec.  5.  That  the  said  company  shall,  on  or  before  the  fif- 
teenth day  of  January  of  each  year,  make  a  report  to  Con- 
gress of  the  names  of  all  the  stockholders  therein,  and  the 
amount  of  stock  held  by  each-,  together  with  a  detailed  state- 
ment of  the  receipts  and  expenditures  from  whatever  source, 
and  on  whatever  account,  for  the  preceding  year  ending  De- 
cember the  thirty-first,  which  report  shall  be  verified  by  the 
affidavit  of  the  president  and  secretary  of  the  company,  and 
if  sad  report  is  not  made  at  the  time  specified,  or  within 
ten  days  thereafter,  it  shall  be  the  duty  of  the  Commis- 
sioners to  cause  proceedings  to  be  instituted  to  forfeit  this 
charter;  and  said  company  shall  pay  to  the  District  of 
Columbia,  as  taxes  for  each  year,  five  per  centum  of  its 
gross  earnings  for  the  preceding  year,  as  shown  by  said 
verified  statement,  which  amount  shall  be  payable  to  the 
collector  of  taxes  at  the  times  and  in  the  manner  that  other 
taxes  are  now  due  and  payable,  and  subject  to  the  same 
penalties  on  arrears;  and  the  franchise  and  property  of 
said  company,  both  real  and  personal,  may  be  seized  and 
sold  in  satisfaction  thereof,  as  now  provided  by  law  for  the 
sale  of  other  propert}^  for  taxes;  and  said  per  centum  of 
its  gross  earnings  shall  be  in  lieu  of  all  other  assessments 
of  taxes  of  whatsoever  character  upon  its  personal  prop- 
erty, including  its  docks  and  barges,  cars,  and  motive 
power,  but  the  real  estate  of  the  company  may  be  taxed  as 
other  real  estate  in  the  District:  Provided^  That  the  tracks 
of  the  company  shall  not  be  taxed  as  real  estate. 

Sec.  6.  That  the  water  front  at  the  end  of  all  public 
streets  and  highways  shall  be  and  remain  open  to  the  use 
of  the  public.  • 

Sec.  7.  That  this  act  may  at  any  time  be  altered,  amended,    Amendment 
or  repealed  by  the  Congress  of  the  United  States. 

Approved,  September  26,  1888, 


Taxes. 


Water  front  of 
streets. 


i' 


i  <■ 


MARYLAND  AND  WASHINGTON  RAILWAY  COMPANY. 

AN  ACT  To  incorporate  the  Maryland  and  Washington   Railway   August  l,  1892. 

Company.  stats.  27,  p.  341. 

Be  it  macted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  ossernhM,  Th&t  w^t^Kt^^'n 
Abram  P.  Fardon,  J.  Henry  Small,  junior,  Wright  Rives,  R^iwa>^com- 
Bedford  W.  Walker,  Louis  D.  Wine,  John  O.  Johnson,  ^^ted  (amend 
Charles  A.  Wells,  Joseph  A.  Blundon,  A.  O.  Bliss,  Edwin  ed). 
A.  Newman,  Van  H.  Manning,  Wallace  A.  Bartlett,  Ellis 
Speare,  Benjamin  D.  Stephen,  D.  M.  Nesbit,  P.  A.  Scaggs, 
lirancis  H.  Smith,  W.  Clarence  Duvall,  Filmore  Beall, and 
their  associates,  successors,  and  assigns  are  hereby  cre- 
ated a  body  corporate  by  the  name,  style,  and  title  of  the 
''  Maryland  and  Washington  Railway  Company,"  and  by 
that  name  shall  have  perpetual  succession,  and  shall  be 
able  to  sue  and  be  sued,  plead  and  be  impleaded,  defend 
and  be  defended,  in  all  courts  of  law  and  equity  withm 
the  United  States,  and  may  make  and  have  a  common  seal. 
And  said  corporation  is  hereby  authorized  to  construct 
and  lay  down  a  single  or  double  track  railway,  and  if  it 
should  construct  and  lay  down  a  single-track  railway  with 
the  right  subsequently  to  change  the  same  to  a  double-track 
railway,  as  may  be  approved  by  the  Commissioners  of  the 
District  of  Columbia,  with  the  necessary  switches,  turn-outs, 
and  other  mechanical  devices,  through  and  along  the  f ol- 
lowing  routes,  to  wit:  Beginning  at  the  point  where  Rhode  tended). 
Island  avenue  of  the  city  of  Washington  if  extended  in  its 
present  course  would  intersect  Fourth  street  northeast,  as 
extended  due  north,  and  running  thence  with  and  along 
said  Rhode  Island  avenue  as  thus  extended,  or  adjacent 
thereto,  to  a  point  at  or  near  the  point  of  intersection  of 
said  Rhode  Island  avenue  with  the  northeast  boundary 
line  of  the  District  of  Columbia:  Provided,  That  all  of  the  ^^^^^  ^^ 
routes  herein  mentioned  shall  be  subject  to  the  approval  of  missionere 
the  Commissioners  of  the  District  of  Columbia:  Provided 
further,  That  whenever  the  lines  of  the  said  company  shall 
cross  any  steam  railway  they  shall  cross  by  an  overhead 
bridge  or  beneath  the  tracks  of  said  railway,  as  may  be 
approved  by  the  Commissioners  of  the  District  of  Columbia. 
Sec.  2.  That  said  company  may  run  public  carriages  pro- 
pelled by  cable,  electric,  or  other  mechanical  power,  sub- 
feet  to  the  approval  of  the  said  Commissioners,  but  nothing 
m  this  act  shall  allow  the  use  of  steam  power  in  locomotives: 
Provided  further,  That  for  the  purpose  of  making  a  contin- 
uous connection  the  said  company  shall  have  the  right  to 


Subject  to  ap- 
o£  Corn- 


Motive  power. 


16400—05 10 


14d 


I 


i! 

i 


14(5 


LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES. 


h 


I  • 


I  1     T 


Crossings.       cross  all  streets,  avenues,  and  highways  that  may  be  nec- 
essary for  the  purpose. 

Fare.  Sec.  3.  That  Said  company  shall  receive  a  rate  of  fare 

not  exceeding  five  cents  per  passenger  for  any  continuous 
ride  over  its  line  within  the  District  of  Columbia;  and  the 
said  company  may  make  arrangements  with  all  existing 
railway  companies  in  the  District  of  Columbia,  for  the  inter- 
change of  tickets  in  payment  of  fare  on  its  road:  Provided^ 
That  six  tickets  shall  be  sold  for  twenty -five  cents  within 
the  District  limits. 

Annual  report.  Sec.  4.  That  Said  company  shall,  on  or  before  the  fif- 
teenth of  January  of  each  year,  make  a  report  to  Congress, 
through  the  Commissioners  of  the  District  of  Columbia,  of 
the  names  of  all  the  stockholders  therein,  the  amount  of 
stock  held  by  each  and  the  amount  paid  thereon,  together 
with  a  detailed  statement  of  the  receipts  and  expendi- 
tures, from  whatever  source  and  on  whatever  account, 
for  the  preceding  year  ending  December  the  thirty -first, 
and  such  other  facts  as  may  be  required  by  any  general 
law  of  the  District  of  Columbia,  which  report  shall  be 
verified  by  affidavit  of  the  president  and  secretary  of  said 
company,  and,  if  said  report  is  not  made  at  the  time  speci- 
fied, or  within  ten  days  thereafter,  such  failure  shall  of 
itself  operate  as  a  forfeiture  of  this  charter,  and  it  shall  be 
the  duty  of  the  Commissioners  to  cause  to  be  instituted 
proper 'judicial  proceedings  therefor;  and  said  company 
shall  pay  to  the  District  of  Columbia,  in  lieu  of  personal 
taxes  upon  personal  property,  including  cars  ana  motive 
power,  each  year,  four  per  centum  of  its  gross  earnings, 
which  amount  shall  be  payable  to  the  collector  of  taxes,  at 
the  times  and  in  the  manner  that  other  taxes  are  now  due 
and  payable,  and  subject  to  the  same  penalties  on  arrears; 
and  the  franchise  and  property  of  said  company,  both  real 
and  personal,  to  a  sufficient  amount  may  be  seized  and 
sold  in  satisfaction  thereof,  as  now  provided  by  law  for  the 
sale  of  other  property  for  taxes;  and  said  four  per  centum 
of  its  gross  earnings  shall  be  in  lieu  of  all  other  assessments 
of  personal  taxes  upon  its  property  used  solely  and  exclu- 
sively in  the  operation  and  management  of  said  railway. 
Its  real  estate  shall  be  taxed  as  other  real  estate  in  the 
District:  Provided^  That  its  tracks  shall  not  be  taxed  as 
real  estate. 

(s^^Sl^endid)!  ^*^^;  ^-  That  the  said  rail w  ay  shall  be  constructed  of  good 
■  materials,  and  in  a  substantial  and  durable  manner,  with 
the  rails  of  the  most  approved  pattern,  all  to  be  approved 
by  the  Commissioners  of  the  said  District,  laid  upon  an 
even  surface  with  the  pavement  of  the  street,  and  the  gauge 
to  correspond  with  that  of  other  city  railways.  Wherever 
more  than  one  of  the  tracks  of  said  railroad  company  shall 
be  constructed  on  any  of  the  public  highways  in  the  Dis- 
■  trict  of  Columbia,  the  width  of  the  space  between  the  two 
tracks  shall  not  exceed  four  feet. 

Sec.  6.  That  the  said  corporation  hereb}"  created  shall 
be  bound  to  keep  said  tracks,  and  for  the  space  of  two  feet 


Taxes. 


Fftving. 


Grades. 


Excavations, 
(sec.     8 


etc. 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES. 

beyond  the  outer  rails  thereof,  and  also  the  space  between 
the  tracks,  at  all  times  in  such  good  order  as  the  Commis- 
sioners of  the  District  of  Columbia  may  require,  wherever 
it  shall  run  over  streets,  avenues,  and  highways,  subject  to 
the  approval  of  the  said  Commissioners,  without  expense 
to  the  United  States  or  the  District  of  Columbia. 

Sec.  7.  That  nothing  in  this  act  shall  prevent  the  Dis- 
*trict  of  Columbia,  at  any  time,  at  its  option,  from  altering 
the  grade  or  otherwise  improving  all  avenues  and  streets 
and  highways  occupied  by  said  road,  or  from  so  altering 
or  improving  such  streets  and  avenues  and  highways,  and 
the  sewerage  thereof,  as  may  be  under  its  authority  and 
control;  and  in  such  event  it  shall  be  the  duty  of  said  com- 
pany to  change  its  railroad  so  as  to  conform  to  such  grade 
as  may  have  been  thus  established. 

Sec.  8.  That  it  shall  be  lawful  for  said  corpoi-ation,  its^^^  ^^^ 
successors,  or  assigns,  to  make  all  needful  and  convenient  amended) 
trenches  and  excavations  in  any  of  said  streets  or  places 
where  said  corporation  may  have  the  right  to  construct  and 
operate  its  road,  and  place  in  such  trenches  and  excava- 
tions all  needful  and  convenient  devices  and  machinery  for 
operating  said  railroad  in  the  manner  and  by  the  means 
aforesaid,  subject  to  the  approval  of  the  said  Commis- 
sioners. But  whenever  such  trenches  or  excavations  shall 
interfere  with  any  sewer,  gas,  or  water  pipes,  or  any  sub- 
ways or  conduits,  or  any  public  work  of  the  kind  which  has 
been  ordered  by  the  Commissioners,  then  the  expense  nec- 
essary to  change  such  underground  constructions  shall  be 
borne  bv  the  said  railway  company. 

Sec.  9.  That  it  shall  also  be  lawful  for  said  corporation, 
its  successors  or  assigns,  to  erect  and  maintain  at  such 
convenient  and  suitable  points  along  its  lines  as  may  seem 
most  desirable  to  the  board  of  directors  of  the  said  corpora- 
tion, and  subject  to  the  approval  of  the  said  Commissioners, 
an  engine  house  or  houses,  boiler  house  and  all  other  build- 
ings necessary  for  the  successful  operation  of  a  cable  motor, 
electric,  pneumatic,  or  other  railroad. 

Sec.  10.  That  it  shall  not  be  lawful  for  said  corporation, 
its  successors,  or  assigns,  to  propel  its  cars  over  said  rail- 
road, or  any  part  thereof,  at  a  rate  of  speed  exceeding  that 
which  may  be  fixed  from  time  to  time  by  the  said  Com- 
missioners, and  for  each  violation  of  this  provision  said 
grantees,  their  successors,  or  assigns,  as  the  case  may  be, 
shall  be  subject  to  a  penalty  of  fifty  dollars,  to  be  recovered 
in  any  court  of  competent  jurisdiction  at  the  suit  of  the 
Commissioners  of  the  District  of  Columbia. 

Sec.  11.  That  the  line  of  said  railway  company,  from^^^^  ^ 
the  point  of  beginning  herein  named  to  a  point  at  or  nearpietion 
the  intersection  of  Rhode  Island  avenue  extended  and  the 
northeast  boundary  of  the  District  of  Columbia,  shall  be 
commenced  within  six  months  and  completed  within  twenty- 
four  months  from  the  passage  of  this  act. 

Sec.  12.  That  the  said  company  is  hereby  authorized  to 
issue  its  capital  stock  to  the  amount  of  the  actual  cost  of 


147 


Ni 


Power  houses, 


etc. 


opeeci. 


Commence- 
ment and  com- 


Capital  stock. 


1 
>   < 

r 


I 


I 


148        LAWS   BELATING   TO   STREET-RAILWAY    FRANCHISES. 

construction,  equipment,  and  purchase  of  right  of  way  and 
ground  necessary  for  its  proper  working,  and  not  to  exceed 
in  all  the  sum  of  two  hundred  thousand  dollars.  Said 
company  shall  require  the  subscribers  to  the  capital  stock 
to  pay  in  cash  to  the  treasurer  appointed  by  the  corpo- 
rators the  amounts  severally  subscribed  by  them,  as  fol- 
lows, namely:  Ten  per  centum  at  the  time  of  subscribing, 
and  the  balance  of  such  subscription  to  be  paid  at  such* 
times  and  in  such  amounts  as  the  board  of  directors  may 
require;  and  no  subscription  shall  be  deemed  valid  unless 
the  ten  per  centum  thereof  shall  be  paid  at  the  time  of 
subscribing  as  hereinbefore  provided,  and  no  assessment 
exceeding  ten  per  centum  to  be  made  at  any  one  time;  but 
at  least  fifty  per  centum  of  the  entire  stock  subscribed 
shall  be  paid  within  six  months  from  the  date  of  sub- 
scription, and  the  whole  amount  shall  be  paid  within  two 
years  from  said  date;  and  if  any  stockholder  shall  refuse  or 
neglect  to  pay  any  installment  as  aforesaid,  or  as  required 
by  the  resolution  of  the  board  of  directors,  after  reasonable 
notice  of  the  same,  the  said  board  of  directors  may  sell  at 

Eublic  auction,  to  the  highest  bidder,  so  many  shares  of 
is  stock  as  shall  pay  said  installments,  and  the  person 
who  offers  to  purchase  the  least  number  of  shares  for  the 
assessment  due  shall  be  taken  to  be  the  highest  bidder, 
and  such  sale  shall  be  conducted  under  such  general  regu- 
lations as  may  be  adopted  in  the  by-laws  of  said  company; 
but  no  stock  shall  be  sold  for  less  than  the  total  assessments 
due  and  payable,  or  said  corporation  may  sue  and  collect 
the  same  from  any  delinquent  subscriber  in  any  court  of 
competent  jurisdiction. 

Sec.  13.  That  within  thirty  days  after  the  passage  of 
this  act  corporators  named  in  the  first  section,  their  associ- 
ates, successors,  or  assigns,  or  a  majority  of  them,  or,  if  any 
refuse  or  neglect  to  act,  then  a  majority  of  the  remainder, 
shall  meet  at  some  convenient  and  accessible  place  in  the 
District  of  Columbia  for  the  organization  of  said  company, 
and  for  the  receiving  subscriptions  to  the  capital  stock  of  the 
nt  of  company:  Provided,  That  every  subscriber  shall  pay  at  the 
time  of  subscribing,  ten  per  centum  of  the  amount  by  him 
subscribed  to  the  treasurer  appointed  by  the  corporators, 
or  his  subscription  shall  be  null  and  void:  Provided  further. 
That  nothing  shall  be  received  in  payment  of  the  ten  per 
centum  at  the  time  of  subscribing  except  lawful  money,  or 
certified  checks  from  any  established  bank.    And  when  the 
books  of  subscription  to  the  capital  stock  of  said  company 
shall  be  closed  the  corporators  named  in  the  first  section, 
their  associates,  successors,orassigns,or  a  majority  of  them, 
and  in  case  any  of  them  refuse  or  neglect  to  act,  then  a 
majority  of  the  remainder,  shall,  within  twenty  days  there- 
of after,  call  the  first  meeting  of  the  stockholders  of  said  com- 
pany to  meet  within  ten  days  thereafter  for  the  choice  of 
directors,  of  which  public  notice  shall  be  given  for  ^s^  days 
m  two  daily  newspapers  published  in  the  city  of  Washing- 
ton, and  by  written  personal  notice  to  be  mailed  to  the 


Meeting  of  in 
corporators  (sec 
13  amended). 


Payme_ . 
subscriptions 


Meeting 
stockJiolders 


cars. 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES.         149 

address  of  each  stockholder  by  the  clerk  of  the  corporation; 
and  in  all  meetings  of  the  stockholders  each  share  shall 
entitle  the  holder  to  one  vote,  to  be  given  in  person  or  by  ^^^^^.... 
proxy :  Provided,  That  it  shall  be  unlawful  for  the  company  foSe^ 
hereby  incorporated  to  consolidate  with  any  other  railroad 
company  now  in  existence,  or  which  may  hereafter  be  char- 
tered, and  any  such  consolidation  shall  of  itself  operate  as 
a  forfeiture  of  this  charter.  And  it  shall  be  unlawful  for 
the  franchise  hereby  granted  to  be  sold  or  transferred  to 
any  individual  or  corporation  before  the  road  shall  have 
been  constructed  or  equipped  for  business.  Eauipment. 

Sec.  14.  That  the  said  company  shall  place  first-class  Equipment, 
cars  on  said  railway,  with  all  modern  improvements  for  the 
convenience  and  comfort  of  passengers,  and  shall  run  cars 
thereon  as  often  as  the  public  convenience  may  require; 
the  time  table  or  schedule  of  time  to  be  approved  by  the 
said  Commissioners  of  the  District  of  Columbia.  p  a  s « e  n  ,r  e  r 

Sec.  15.  That  the  company  shall  buy,  lease,  or  construct  ^oms,  etc.  (sec. 
such  passenger  rooms,  ticket  offices,  workshops,  depots,  is  amended), 
lands,  and  buildings  as  they  may  deem  necessary,  at  such 
points  on  its  line  as  may  be  approved  by  the  said  Com- 
missioners. ,         .        ,        ArHr.l«.lAftin 

Sec.  16.  That  all  articles  of  value  that  may  be  inad- 
vertently left  in  any  of  the  cars  or  other  vehicles  of  the 
said  company  shall  be  taken  to  its  principal  depot  and 
entered  in  a  book  of  record  of  unclaimed  goods,  which  book 
shall  be  open  to  the  inspection  of  the  public  at  all  reason- 
able hours  of  business.  . 

Sec.  17.  That  the  government  and  direction  of  affairs  of 

the  company  shall  be  vested  in  a  board  of  directors,  nine 
in  number,  who  shall  be  stockholders  of  record,  and  who 
shall  hold  their  ofiice  for  one  year,  and  until  others  are 
duly  elected  and  qualified  to  take  their  places  as  directors; 
and  the  said  directors  (a  majority  of  whom  shall  be  a  quo- 
rum) shall  elect  one  of  their  number  to  be  president  of  the 
board,  who  shall  also  be  president  of  the  company,  and  they 
shall  also  choose  a  vice-president,  a  secretary,  and  treas- 
urer, who  shall  give  bond  with  surety  to  said  company  in 
such  sum  as  the  said  directors  may  require  for  the  faithful 
discharge  of  his  trust.  In  case  of  a  vacancy  in  the  board  of 
directors  by  the  death,  resignation,  or  otherwise  of  any 
director,  the  vacancy  occasioned  thereby  shall  be  filled  by 
the  remaining  directors. 

Sec.  18.  That  the  directors  shall  have  the  power  to  make 
and  prescribe  such  bv-laws,  rules  and  regulations  as  they 
shall  deem  needful  and  proper  touching  the  disposition  and 
management  of  the  stock,  property,  estate,  and  effects  of 
the  company,  not  contrary  to  the  charter  or  to  the  laws 
of  the  United  States  and  the  ordinances  of  the  District  of 

Columbia. 

Se<^  19.  That  there  shall  be  at  least  an  annual  meeting 
of  the  stockholders  for  choice  of  directors,  to  be  holden  at 
such  time  and  place,  under  such  conditions,  and  upon  such 
Tiotice  as  the  said  company  in  their  by-laws  may  prescribe; 


Directors. 


Officers. 


By-laws. 


Annual 
ing. 


meet- 


150        LAWS   RELATING    TO   STREET-RAILWAY   FRANCHISES. 


U 
f 


Free    use 
roadway. 


of 


Crossings. 


Ejection  from 
cars. 


Amendment. 


Sec.  24  amend 
ed. 


Condemnation 
proceedings. 


H 


Extension  of 
Rhode  Island 
avenue. 


and  said  directors  shall  annually  make  report  in  writing  of 
their  doings  to  the  stockholders. 

Sec.  20.  That  the  said  company  shall  have  at  all  times 
the  free  and  uninterrupted  use  of  its  roadway,  and  if  any 
person  or  persons  shall  willfully,  mischievously,  and  unnec- 
essarily obstruct  or  impede  the  passage  of  cars  of  said  rail- 
way company  with  a  vehicle  or  vehicles,  or  otherwise  or 
in  any  manner  molest  or  interfere  with  passengers  or  oper- 
atives while  in  transit,  or  destrov  or  injure  the  cars  of  said 
railway,  or  depots,  stations,  or  other  propertv  belongincr  to 
said  railway  company,  the  person  or  persons  so  offendniff 
shall  forfeit  and  pay  for  each  such  offense  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars  to  the  Dis- 
trict of  Columbia,  to  be  recovered  as  other  fines  and  pen- 
alties m  said  District,  and  shall  remain  liable  to  the  said 
company,  in  addition  to  said  penalty,  for  any  loss  or  dam- 
age occasioned  by  his  or  her  or  their  act  as  aforesaid;  but 
no  suit  shall  be  brought  unless  commenced  within  sixty 
days  after  such  offense  shall  have  been  committed. 

bEC.  21.  That  the  said  Maryland  and  Washington  Rail- 
way Company  shall  have  the  right  of  way  across  such  other 
railways  as  are  now  in  operation  within  the  limits  of  the 
lines  granted  by  this  act,  and  is  hereby  authorized  to  con- 
struct its  said  road  across  such  other  railways:  Provided, 
Ihat  It  shall  not  interrupt  travel  of  such  other  railways  in 
such  construction. 

Sec.  22.  That  no  person  shall  be  prohibited  the  right  to 
travel  on  any  part  of  said  road  or  ejected  from  the  cars  by 
the  company's  employees  for  any  other  cause  than  that  6t 
being  drunk,  disorderly,  unclean,  or  contagiously  diseased, 
or  ref  usnng  to  pay  the  legal  fare  exacted,  or  to  comply  with 
the  lawful  general  regulations  of  the  company. 

Sec.  23.  That  this  act  may  at  any  time  be  altered,  amended 
or  repealed  by  the  Congress  of  the  United  States. 

Sec.  24.  That  in  the  event  that  the  company  should  not 
be  able  to  come  to  an  agreement  with  the  owner  or  owners 
of  any  land  through  which  the  said  road  may  be  located  to 
pass,  proceedings  for  the  condemnation  for  the  use  of  the 
company  of  so  much  of  said  land  as  may  be  required,  not 
exceeding  fifty  feet  in  width,  with  necessary  slopes,  and 
one  hundred  and  thirty  feet  in  width  in  the  line  of  Rhode 
Island  avenue  extended,  may  be  instituted  in  the  usual  way 
m  the  supreme  court  of  the  District  of  Columbia,  under 
such  rules  and  regulations  as  said  court  may  prescribe  for 
such  purposes:  Provided,  That  the  extension  of  Rhode 
Island  avenue  herein  authorized,  whether  acquired  by  con- 
demnation or  otherwise,  shall  be  dedicated  to  the  public 
use  m  the  same  manner  and  subject  to  the  same  regulations 
and  control  that  apply  to  other  streets  and  avenues  in  the 
District  of  Columbia  occupied  by  street  railways. 
Approved,  August  1,  1892. 


LAWS   relating   TO   STREET-RAILWAY   FRANCHISES.         151 

JOINT  RESOLUTION  To  extend  the  charter  of  the  Maryland  and  August  23. 1894. 

Washington  Railway  Company.  stats.  28,  p.  590. 

Resolved  hy  the  Senate  and  House  of  Representatives  of  Maryland  and 
the  United  States  of  America  in  Congress  assembled.  That  Washington  Ry. 
the  time  for  building  and  completing  the  railway  provided 
for  in  an  Act  entitled  "An  Act  to  incorporate  the  Maryland 
and  Washington  Railway  Company,"  approved  August 
tirst,  eighteen  hundred  and  ninety-two,  be,  and  the  same    charter  ex- 
is  hereby,  extended  six  months  from  and  after  the  first  day  tended, 
of  August,  eighteen  hundred  and  ninety -four. 

Approved,  August  23,  1894. 


AN  ACT  To  amend  an  act  entitled  "An  act  to  incorporate  the  Mary-    March  2. 1895. 
land  and  Washington  Railway  Company,"  approved  August  tirst,     stat8.28,p.7l3. 
eighteen  hundred  and  ninety-two,  and  for  other  purposes. 

Be  it  enacted  hy  the  Senate  and  Home  of  Representatw^ 
of  the  United  States  of  Am  erica  in  Congress  assembled,  Ihat^^^^^Ry 
section  fiveof  the  Act  entitled  ''An  Act  to  incorporate  theco.^^^arter 
Maryland  and  Washington  Railway  Company,'  approved 
August  first,  eighteen  hundred  and  ninety -two,  be,  and  it  is 
hereby,  amended  so  as  to  read  as  follows:  construction, 

''  Sec.  5.  That  the  said  railway  shall  be  constructed  of   construction, 
good  materials  and  in  a  substantial  and  durable  manner, 
with  the  rails  of  the  most  approved  pattern,  all  to  be  ap- 
proved by  the  Commissioners  of  said  District,  laid  upon 
an  even  surface  with  the  pavement  of  the  street,  and  the 
gauge  to  correspond  with  that  of  other  railways  in  the  Dis- 
trict of  Columbia.    Wherever  more  than  one  of  the  tracks 
of  said  railway  company  shall  be  constructed  in  any  of  the 
public  highways  in  the  District  of  Columbia,  the  width  of   ^    ^^^^^ 
the  space  between  the  two  tracks  shall  not  be  less  than  live  tracts, 
feet.     The  plans  of  construction,  rails,  electrical  and  me- 
chanical appliances,  conduits  and  stations,  and  location  of 
stations  and  tracks  shall  be  subject  to  the  approval  of  the 
Commissioners  of  the  District  of  Columbia. ' 

That  section  eight  of  said  Act  be,  and  is  hereby,  amended 
80  as  to  read  as  follows:  x-        -i. 

Sec.  8.  That  it  shall  be  lawful  for  said  corporation,  its 
successors  or  assigns,  to  make  all  needful  and:  convenient 
trenches  and  excavations  in  any  of  said  streets  or  places 
where  said  corporation  may  have  the  right  to  construct  and 
operate  its  road,  and  place  in  such  trenches  and  excava- 
tions all  needful  and  convenient  devices  and  machinery  for 
operating  said  railway  in  the  manner  and  by  the  means 
aforesaid,  subject  to  the  approval  of  the  said  Commission- 
ers. But  whenever  such  trenches  or  excavations  shall 
interfere  with  any  sewer,  gas,  or  water  pipes,  or  any  sub- 
way s  or  conduits  or  any  public  work  of  the  kind  which  has 
been  ordered  by  the  Commissioners,  then  the  expense  neces- 
sary to  change  such  underground  constructions  shall  be 
borne  by  the  said  railway  company.     And  the  said  company 


Trenches,  etc. 


i\ 


! 


a 


I  1: 


152        LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


der^uSd^^'cSSl  ^hall  be  liable  for  any  damage  to  pipes  or  other  underground 
structions.         Constructions,  caused  by  the  passage  of  its  cars  over  the 

same  or  bv  elep.trin  onv-rania  hqqaI  in    4-U^  ^«^^.,i„:__   _^    -^ 


'     "  .^ J   ''"^  i-rctoowgc/  wj.   itis  ua,i»  over  me 

same  or  by  electric  currents  used  in  the  propulsion  of  its 
cars* 

That  section  thirteen  of  said  Act  be,  and  it  is  hereby 

O      nizationof  ^°J^T^^  ^  ^'^^^  ^S  foUows:  ' 

compan^  **°**  "Sec.  13.  That  within  thirty  days  after  the  passage  of 
this  Act  the  corporators  named  in  the  first  section,  their 
associates,  successors,  or  assigns,  or  a  majority  of  them,  or 
If  any  refuse  or  neglect  to  act  then  a  majority  of  the 
remainder,  shall  meet  at  some  convenient  and  accessible 
place,in  theDistrict  of  Columbia,  for  theorganizationof  said 

subscription  to  ""fT^^/vr^  ^''''  ^^^  receiving  subscriptions  to  the  capital 
^subscription  to  stock  of  the  Company:  Provided,  That  every  subscriber 
shall  pay,  at  the  time  of  subscribing,  ten  per  centum  of  the 
amount  by  him  subscribed  to  the  treasurer  appointed  by  the 
To  be  wholly  ^^iporators,  or  his  subscription  shall  be  null  and  void-  Pro- 
SSl'yi\  "^^'^°  ^^t^'  TJiat  the  full  face  value  of  said  stock  shall  be  wholly 
vote&2L'&^  Ef     V""*'?  cash  within  twelve  months  after  the  subscription 
voteduniesspaid  therefor  is  made  and  after  twelve  months  no  stock  shall 
stock  shall  be  ^  voted  unless  the  same  has  been  wholly  paid  for-  And 
SSSJlVS^aiS?^^*^^^' That  the  said  stock  shall  be  whollv  paid  for  be- 
issued.  fore  any  bonds  shall  be  issued:  Provided  furthe?-,  That 

nothing  shall  be  received  in  payment  of  the  ten  per  centum 
at  the  time  of  subscribing  except  lawful  money,  or  certified 
checks  from  any  established  bank.     And  when  the  books 
of  subscnption  to  the  capital  stock  of  said  company  shall 
be  closed  the  coiporators  named  in  the  first  section,  their 
associates,  successors,  or  assigns,  or  a  majority  of  them,  and 
incase  any  of  them  refuse  or  neglet  to  act  then  a  maioritv 
MeetinKofcor  ^^  fi    f^^^nder,  shall,  within  twenty  days  thereafter,  call 
po^toS:*^**''^'the  first  meeting  of  the  stockholders  of  said  company  to 
nieet  withm  ten  days  thereafter  for  the  choice  of  directors, 
ot  which  pubhc  notice  shall  be  given  for  five  days  in  two 
daily  newspapers  published  in  the  city  of  Washinkon,  and 
by  written  personal  notice  to  be  mailed  to  the  address  of 
each  stockholder  by  the  clerk  of  the  corporation;  and  in  all 
meetings  of  the  stockholders  each  share  shall  entitle  the 
holder  to  one  vote,  to  be  given  by  person  or  by  proxy." 

1  hat  section  fifteen  of  said  Act  be,  and  is  hereby,  amended 
so  as  to  read  as  follows: 
sender  h?uJ?f*     *'  ^Ec.  15.  That  the  said  company  is  authorized  to  erect 
etc.  ^Jl°'^''?^^°'/"]^jf  ct  to  the  approval  of  the  Commissioners 

ot  the  JJistnct  of  Columbia,  the  power  houses  and  buildings 
necessary  to  the  operation  of  its  road,  and  shall  furnish  and 
maintain,  as  required  by  said  Commissioners,  passenger 
houses  and  transfer  stations;  failure  to  furnish  and  main- 
tain such  passenger  houses  and  transfer  stations  shall 
render  said  company  liable  to  a  fine  of  twenty-five  dollars 
for  each  and  every  day  of  such  failure,  after  reasonable 
notice,  said  fine  to  be  recovered  in  any  court  of  competent 
]un3diction  at  the  suit  of  the  Commissioners  of  the  District 
of  Columbia.' 


LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES.         153 


That  section  twenty-four  of  said  Act  be,  and  is  hereby, 
amended  so  as  to  read  as  follows: 

''  Sec.  24.  That  in  the  event  that  Rhode  Island  avenue 
shall  not  have  been  extended,  and  said  company  shall  not 
be  able  to  come  to  an  agreement  with  the  owner  or  owners 
of  any  land  through  which  the  said  road  may  be  located  to 
pass  for  the  purchase  or  dedication  of  so  much  land  as  may 
be  necessary  for  the  opening  of  Rhode  Island  avenue,  then 
the  said  company  mav  institute  proceedings  for  the  con- 
demnation of  so  much  "land  as  may  be  required  for  the  exten- 
sion of  the  aforesaid  avenue:  Provided,  That  the  strip  of 
land  so  to  be  acquired  by  condemnation  shall  be  one  hun- 
dred and  thirty  feet  in  width,  and  shall  be  located  according 
to  the  official  plats  for  the  extension  of  Rhode  Island  avenue : 
And  provided  furthe?',  That  all  the  land  within  the  lines  of 
the  proposed  extension  of  Rhode  Island  avenue  which  shall 
be  acquired  by  said  Maryland  and  Washington  Railway 
Company,  either  by  purchase  or  condemnation,  shall,  by 
appropriate  conveyance,  be  dedicated,  before  tracks  are  laid 
therein,  by  said  Maryland  and  Washington  Railway  Com- 
pany as  an  extension  of  Rhode  Island  avenue  to  the  extent 
of  the  land  so  acquired. 

*'Such  proceedings  may  be  instituted  and  conducted  by 
the  company  in  the  supreme  court  of  the  District  of  Colum- 
bia, holding  a  special  term  as  a  district  court,  and  shall  be 
commenced  by  a  petition  of  the  company  for  the  condemna- 
tion of  such  land  as  has  not  yet  been  purchased  or  dedi- 
cated and  for  the  ascertainment  of  just  compensation  for 
the  taking  of  such  land  for  the  purposes  aforesaid. 

''Such  petition  shall  contain  a  particular  description  of 
the  property  not  so  purchased  or  dedicated  and  selected 
for  the  use*  aforesaid,  with  the  names  of  the  respective 
owners  thereof  and  their  residences,  so  far  as  the  same  may 
be  ascertained,  together  with  a  plan  of  the  land  proposed, 
to  be  taken;  and  thereupon  the  said  court  is  authorized 
and  required  to  summon  all  such  owners  and  all  other 
persons  interested  to  appear  in  said  court  at  a  time  to  be 
fixed  by  said  court.  If  it  shall  appear  to  the  court  that 
there  are  any  owners  or  other  persons  interested  who  are 
nonresidents  of  the  District  of  Columbia  publication  may 
be  substituted  for  personal  service  of  process  upon  such 
nonresident,  after  any  summons  has  been  returned  'not  to 
be  found,'  in  the  same  manner  as  is  provided  by  law  with 
reference  to  nonresident  defendants  in  actions  of  ejectment; 
and  if  it  shall  appear  that  there  are  any  persons  under  dis- 
ability, either  who  have  been  served  with  process  or  who 
have  been  proceeded  against  by  publication,  the  court  shall 
appoint  a  guardian  ad  litem  for  such  persons. 

"After  all  the  parties  interested  have  been  served  with 
process  or  proceeded  against  by  publication,  as  aforesaid, 
the  court  shall,  upon  the  return  day  stated  in  said  process 
or  order  of  publication,  proceed  to  appoint  three  compe- 
tent and  disinterested  persons  commissioners  to  appraise 


Opening  Rhode 
Island  ave. 


Dedication. 


Condemnatlof 
proceedings. 


Contents  of  pe- 
tition. 


Appraisers  to 
be  appointed  by 
court. 


Payment 
awards. 


I   ' 


j; 


154        LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 

the  damages  which  the  owner  of  the  land  taken  may  sus- 
tain by  such  appropriation.  The  commissioners  shall  be 
duly  sworn,  and  they  shall  consider  the  damages  which 
such  owner  may  sustain  by  reason  of  the  appropriation  by 
such  railway  company  of  the  land  proposed  to  be  taken  for 
the  purposes  aforesaid,  and  shall  forthwith  return  their 
assessment  of  such  damages  to  the  clerk  of  the  court. 

''i^u^n^*^®"  ^^^  ^^^  ^^  ^  P^^*^  ^^  ^"^  parcel  or  tract  of 
land  shall  be  condemned  in  such  proceedings  the  commis- 
sioners m  assessing  the  damages  therefor  shall  take  into 
«Se^Si.*^  "^  consideration  the  benefit  of  the  purpose  for  which  it  is  taken 
may  be  to  the  owner  or  owners  of  such  tract  or  parcel  by 
enhancing  the  value  of  the  remainder  of  the  same  and  shall 
make  their  award  accordingly,  and  the  court  may  require 
m  such  case  that  the  damages  and  benefits  shall  be  found 
and  stated  separately,  and  when  the  award  shall  have  been 
confirmed  by  the  court  said  company,  unless  an  appeal  is 
f  f  taken,  shall  make  a  payment  of  the  amounts  awarded  to  the 
respective  owners  thereof,  accordingto  the  judgment  of  the 
court;  and  in  case  any  of  such  persons  are  under  disability 
or  can  not  be  found,  and  no  person  is  authorized  to  receive 
the  said  award,  or  in  case  any  person  entitled  to  an  award 
shall  neglect  to  receive  the  same,  or  in  case  an  appeal  shall 
be  taken  concerning  an  award,  then  the  money  to  be  paid 
on  account  of  such  award  shall  be  deposited  in  the  registry 
of  the  court  to  abide  its  further  order;  and  when  such  pay- 
ments are  made  or  the  amounts  belonging  to  persons  to 
whom  payment  shall  not  so  be  made  for  any  of  the  aforesaid 
reasons  are  so  deposited,  the  use  of  said  land  shall  be  deemed 
to  have  been  condemned  and  taken  for  the  use  of  said  rail- 
way company,  and  no  appellate  proceedings  or  controversies 
as  to  ownership  shall  interfere  with  or  delav  said  company 
in  takingpossession  of  the  land  so  condemned  after  payment 
therefor  as  above  provided;  but  when  any  award  shall  have 
been  approved  by  the  said  court  holding  a  special  term  as 
aforesaid,  the  said  company  shall  be  entitled  to  take  imme- 
diate possession  of  the  parcel  of  land,  in  regard  to  which 
said  award  has  been  approved  and  payment  or  deposit  made 
and  the  court  shall  enforce  such  right  of  possession  by  proper 
order  and  process  addressed  to  the  marshal  of  the  United 
btates  for  the  District  of  Columbia.     Any  party  aggrieved 
by  the  final  order  or  decree  of  said  court,  in  special  term 
atoresaid,  fixmg  the  amount  of  damages  as  to  any  parcel  of 
di&^!>f'cJSS^^"l"^?i^  l^^H  an  appeal  therefrom  to  the  court  of  appeals 
or  tne  L>istrict  ot  Columbia  m  the  manner  now  provided  by 
j-ij^"^^^^^  court  of  appeals  may  aflirm,  reverse,  or 
modify  the  order  or  decree  appealed  from:  Provided,  That 
said  court  of  appeals  shall  consider  only  questions  of  law 
arising  on  such  appeal.  From  the  final  decree  of  said  court 
m  special  terms  as  aforesaid  under  this  Act,  distributing 
the  damages  among  contending  claimants,  any  party  ag- 
grieved may,  in  like  manner,  take  an  appeal  to  said  court 
of  appeals.     Any  appeal  under  this  Act  shall  be  taken 
within  twenty  days  after  the  making  of  the  final  order  or 


LAWS 


RELATING    TO   STREET-RAILWAY    FRANCHISES.         155 


decree  appealed  from,  and  not  afterwards,  and  shall  be  sub- 

iect  to  existing  laws  and  rules  of  court  regulating  appeals 

to  said  court  of  appeals.     Cases  arising  under  this  Act  shall  ^  These  ^ca^s^* 

have  precedence  over  all  other  business  in  said  court,  in  ence. 

special  term,  and  shall  have  precedence  in  said  court  of 

appeals  over  all  other  cases,  except  criminal  cases;  and  the 

decision  of  said  court  of  appeals  upon  any  questions  arising 

under  this  Act  shall  be  final." 

Sec.  2.  That  for  the  purpose  of  constructing  and  equip- 
ping its  said  railway,  and  acquiring  rights  of  way  as  pro- 
vided for  in  this  Act,  the  said  Maryland  and  Washington 
Railway  Company  is  hereby  authorized  and  empowered  to 
issue  its  bonds  to  aid  in  paying  for  such  construction  and 
equipments  and  rights  of  way,  and  secure  the  said  bonds  .^^nds  author, 
by  mortgage  or  deed  of  trust  of  its  franchises,  rights  of 
way,  and  all  of  its  property  of  whatsoever  kind,  whether 
real  or  personal:  Provided^,  That  the  moneys  raised  on  said 
bonds  shall  be  used  and  expended  only  for  the  purposes 
aforesaid:  And  provided  furtJier,  That  the  amount  of  said  jssue^^of^st^k 
bonds  and  stock  shall  not  exceed  the  cost  of  the  construe-  ited. 
tion  of  the  said  road  and  of  the  plant  necessary  to  operate 
the  same;  and  in  no  case  shall  the  amount  of  stock  and 
bonds  so  issued  exceed  the  sum  of  four  hundred  and  fifty 
thousand  dollars. 

Sec.  3.  That  the  line  of  said  railway  company,  from  the 
point  of  beginning  herein  named  to  a  point  at  or  near 
the  intersection  of  Rhode  Island  avenue  extended  and  the 
northeast  boundary  of  the  District  of  Columbia,  shall  be 
commenced  within  six  months  and  completed  within  twelve  ^^n^l^nd^JoiS 
months  from  the  date  of  approval  of  this  Act;  and  the  said  pietion. 
Maryland  and  Washington  Railway  Company  is  hereby 
authorized  to  construct  and  lay  down  a  singleor  double  track  ^^^''^''''    ""^ 
railway,  and  to  operate  the  same  as  provided  in  the  Act  in- 
corporating  said  company,  westerly  along  Rhode  Island    Route  m  city, 
.avenue  to  North  Capitol  street,  to  connect  with  the  tracks 
of  the  Eckington  and  Soldiers'  Home  Railway  Company, 
and  thence  southerly  on  said  street  over  the  tracks  of  said 
last-mentioned  company  to  F  street;  the  price  for  the  use 
or  purchase  of  said  tracks  to  be  fixed  by  the  board  of  di- 
rectors of  said  companies,  and  on  their  failure  to  agree  as 
to  the  price  it  shall  be  fixed  by  the  supreme  court  of  the 
District  of  Columbia,  upon  petition  to  be  filed  on  the  equity 
side  of  said  court  by  either  company.     The  said  extension 
shall  be  completed  within  the  time  hereinbefore  provided 
for  with  reference  to  the  original  line  of  said  railway :  Pro- 
vided, That  nothing  in  this  Act  shall  operate  to  authorize 
the  erection  of  overhead  wires  within  the  limits  of  ^^^  city  ^nc^  ^overhead 
of  Washington. 

Sec.  4.  That  all  Acts  or  parts  of  Acts  inconsistent  with 
this  Act  are  hereby  repealed.  A^pn^rriAnt. 

Sec.  5.  That  Congress  hereby  reserves  the  right  at  any  re^i^  ' 

time  to  alter  or  amend  or  repeal  this  Act. 
Approved,  March  2,  1896. 


156        LAWS    RELATING    TO   STREET-RAILWAY    FRANCHISES. 

^^ebruary  20.  AN  ACT  Extending  the  time  within  which  the  Maryland  and  Wash- 
ington  Railway  Company  shall  be  required  to  complete  the  build- 
ing ot  the  road  of  said  company,  under  the  proyisions  of  an  act  of 
Congress  approyed  August  first,  eighteen  hundred  and  ninety-two 
as  amended  by  an  act  of  Congress  approyed  March  second,  eighteen 
hundred  and  ninety-fiye. 

Be  itenucted  hy  the  Senate  and  Hmise  of  Representatives 
M.r.i.r.A     H  Y      '  ^^^^f^  ^'^«^^«  of  America  in  Congress  assembled.  That 
wS|£n  *Ry  the  time  within  which  the  Maryland  and  Washington  Rail- 
%me  for  com-  Z^^  Company  is  required  to  complete  and  put  in  operation 
pietionextended  Its  i-ailway  in  the  District  of  Columbia,  under  the  pro- 
'  ^^-  visions  of  an  act  of  Congress  approved  August  first,  eight- 
een  hundred  and    ninety-two,   as  amended   by  an  Act 
approved  March  second,  eighteen  hundred  and  ninety-five 
be,  and  the  same  is  hereby,  extended  for  the  term  of  one 
year  from  the  second  day  of  March,  eighteen  hundred 
and  ninety-six;  and  that  all  the  franchises,  rights,  and 
powers  conferred  by  said  Acts,  or  either  of  them,  upon  said 
railway  company  mav  be  enjoyed  and  exercised  as  fully  and 
completely  as  if  said  railway  had  been  completed  and  put 
in  operation  prior  to  March  second,  eighteen  hundred  and 
ninety-six. 

Approved,  February  20,  1896. 


June  27, 1898. 


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AN  ACT  To  amend  the  charter  of  the  Eckington  and  Soldiers*  Home 
Railway  Company  of  the  District  of  Columbia,  the  Maryland  and 
Washington  Railway  Company,  and  for  other  purposes. 

Be  it  enacted  hy  the  Senate  and  Hmse  of  Bepresentatives 
of  the  United  States  of  America  in  Congress  assemUed,  That 
the  Eckington  and  Soldiers'  Home  Railway  Company  of 
the  District  of  Columbia  be,  and  it  is  hereby,  authorized 
to  purchase  or  lease  the  propertv  and  franchises  or  any 
part  thereof,  of  the  Maryland  aiad  Washington  Railway 
Company  of  the  District  of  Columbia  and  that  part  of  the 
property  and  franchises  of  the  Columbia  and  Maryland 
Railway  Company  of  Maryland  lying  between  the  District 
J  w    ^     *^^^  ^^  Laurel,  Maryland,  and  the  Maryland 
and  Washington  Railway  Company  is  hereby  authorized 
c&  to^  %t  ^  ,«?J1  <^r  lease  its  property  and  franchises  to  the  said 
dSfS'^Homelt    -S  i'^^T'  and  SoldieiV  Home  Railway  Company:  Pro- 
co  'mded,  Ih^t  only  one  fare,  not  exceeding  the  rate  now 

Fare.  authorized  by  law,  shall  be  charged  for  a  single  continuous 

ride  ov^er  all  the  lines  in  the  District  of  Columbia  affected 
by  such  purchase  or  lease. 

o  ^f^'  \^^^^  ^^e  said  Eckington  and  Soldiers'  Home 
Railway  Company,  under  the  supervision  of  the  Commis- 
sioners of  the  District  of  Columbia,  shall  fullv  equip  all 
Its  lines  now  owned  and  operated  within  the  city  of  Wash- 
ington and  also  the  North  Capitol  street  line  from  the 
mtersection  of  G  street  north  and  New  Jersey  avenue  to 
T  street  north  with  an  underground  electric  system  essen- 
^{^^ly  similar  to  the  underground  system  now  in  use  by 
the  Metropolitan  Railroad  Company  in  said  city,  upon  plans 


LAWS   RELATING   TO   STREET-EAILWAY   FRANCHISES.         157 

to  be  submitted  to  and  approved  by  the  said  Commis- J|J^^?gJ^f 
sioners,  and  shall  have  its  cars  regularly  running  by-  said 
system  within  twelve  months  from  the  passage  of  this 
Act:   Provided,  That  nothing  herein  contained  shall  be 
construed  as  authorizing  or  permitting  said  company  to 
use  their  conduits  or  cables  or  electrical  conductors  of  any 
character  whatever  for  the  purpose  of  electric  lighting 
or  power,  except  such  as  may  be  necessary  for  the  lighting 
and  propelling  of  the  cars  and  other  machinery  of  such 
road  and  the  power  house  of  said  company,  or  other  prop- 
erty owned  or  acquired  by  said  company  adjacent  to  the 
lines  of  the  road  and  necessary  for  the  operation  of  said 
road:  Provided,  hmoefi^er.  That  the  Commissioners  of  the 
District  of  Columbia  are  herebv  authorized  to  permit 
street  milway  companies  using  the  underground  electric 
system  to  construct  conduits  not  exceeding  five  blocks  m 
length  to  connect  their  existing  conduits  for  the  purpose 
of  conveying  electric  current  to  be  used  for  street  railway 
purposes^  onlv:  And  provided  further.  That  before  per- 
mits shall  be  Issued  to  begin  such  work  all  taxes  and  spe- 
cial assessments  due  and  unpaid  to  the  District  of  Columbia, 
and  all  indebtedness  due  the  employees  for  labor,  or  due 
others    for   coal,  feed,  horseshoes,  and  other   supplies, 
contracted  for  bv  the  receiver  of  the  said  Eckington  and 
Soldiers'  Home  *Railway,  duly  appointed  by  the  court, 
and  used  on  behalf  and  for  the  benefit  of  said  company, 
during  such  receivership,  and  to  be  approved  by  the  court 
appointing  such  receiver,  shall  first  be  paid:  Provided, 
That  in  case  of  any  lines  purchased  or  leased  by  said 
Eckington  and  Soldiers'  Home  Railway  Company,  such 
lines  within  the  city  of  Washington  shall  be  fully  eqmpped 
with  said  underground    electric    system   within   twelve 
months  from  the  completion  of  such  purchase  or  lease,  and 
the  North  Capitol  street  branch  shall  be  completed  with 
the  underground  system  to  the  Soldiers'  Home  within 
twelve  months  from  the  opening  and  grading  of  said  street. 
Sec.  3.  That  the  route  of  the  Eckington  and  Soldiers 
Home  Railway  Company  shall  be  as  at  present,  with  the 
following  changes,  to  wit:  Between  the  intersections  of 
T  and  Third  streets  northeast  and  R  and  Second  streets 
northeast  one  ti-ack  shall  be  abandoned,  and  in  lieu  thereof 
a  single  track  shall  be  constructed  between  the  same 
points  on  T  and  Second  streets  northeast;  between  the 
intersections  of  Eckington  place  and  Florida  avenue  and 
New  York  avenue  and  First  street  northeast  both  tracks 
shall  be  abandoned,  and  in  lieu  thereof  a  double  track  shall 
be  constructed  between  these  two  points,  crossing  Florida 
avenue  and  on  First  street;  between  the  intersections  of 
New  York  avenue  and  Fifth  street  and  Fifth  street  and  G 
street  northwest,  the  roadway  shall  be  widened  to  a  width 
of  forty -five  feet,  one-half  at  the  expense  of  said  company, 
and  one-half  at  the  expense  of  any  District  of  Columbia 
appropriation  available  for  such  work;  a  single  track  be- 
tween First  and  C  streets  and  Fourth  and  D  streets  north- 


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158        LAWS    RELATING   TO   STREET-RAILWAY    FRANCHISES. 

east  shall  be  abandoned,  and  in  lieu  thereof  a  single  track 
shall,  be  constructed  on  D  and  First  streets  northeast, 
between  these  points:  Provided  further,  That  the  aban- 
doned tracks  shall  be  removed,  and  the  single  tracks,  with 
all  the  necessary  switches,  turn-outs,  and  so  forth,  shall 
be  located  subject  to  the  approval  of  the  Commissioners 
of  the  District  of  Columbia. 

Sec.  4.  That  the  said  Eckington  and  Soldiers'  Home 
Railway  Company  is  hereby  authorized  to  issus  its  capital 
stock  and  its  bonds  to  an  aggregate  amount  sufficient  to 
cover  the  cost  of  the  property  and  franchises  whose  pur- 
chase or  lease  is  herein  provided  for  and  the  cost  of  the 
construction,  equipment,  and  reequipment  of  the  railway 
lines  now  owned  by  the  said  Eckington  and  Soldiers'  Home 
Railway  Company  or  hereafter  to  be  acquired  by  said 
company,  and  to  secure  said  bonds  by  mortgage  or  deed 
of  trust  of  any  part  or  all  of  its  propertv  and  franchises, 
as  now  owned  or  hereafter  to  be  acquired  under  the  pro- 
visions of  this  Act  or  otherwise:  Provided,  That  such 
stock  and  bonds  shall  be  issued  to  such  an  amount  and 
upon  such  terms  as  may  be  agreed  upon  by  the  majority 
stockholders  of  such  company:  And  provided  further, 
Ihat  the  issue  of  such  bonds  and  stock  shall  not  in  the 
aggregate  exceed  the  amount  necessary  for  effecting  any 
such  purchase,  lease,  or  acquisition  and  for  the  construc- 
tion, reconstruction,  and  equipment  aforesaid,  and  the 
total  outstanding  bonds  and  stock  shall  in  no  event  exceed 
the  sum  of  one  hundred  and  fifty  thousand  dollars  per 
mile  of  single  track. 

Sec.  5.  That  within  sixty  days  from  the  date  of  the 
approval  of  this  Act  the  Eckington  and  Soldiers'  Home 
Railway  Company  shall  deposit  five  thousand  dollars  with 
the  collector  of  taxes  of  the  District  of  Columbia  to 
guarantee  the  construction,  equipment,  and  reequipment 
ot  its  lines,  as  authorized  and  prescribed  by  this  Act.  If 
said  sum  is  not  so  deposited,  then  this  Act  shall  be  void. 
If  said  sum  is  so  deposited  and  the  said  lines  are  not  recon- 
structed, equipped,  and  reequipped  as  herein  provided  for 
then  said  sum  of  five  thousand  dollars  shall  be  forfeited  to 
the  District  of  Columbia,  and  this  Act  shall  be  void. 
Sec.  6.  That  the  power  to  institute  condemnation  pro- 


Power  to  con 
demn  extended 


r    1 ;.  AT*      1      ,  J    ^  icBuiutioii   lo   exiena  tne 

charter  ot  the  Maryland  and  Washington  Railway  Com- 
pany," approved  August  twenty-third,  eighteen  hundred 
and  ninety-tour,  be,  and  the  same  is  hereby,  continued  in 
force  one  year  from  the  passage  of  this  Act. 

Sec.  7.  Tliat  on  and  after  twelve  months  from  the  pas- 
sage of  this  Act  the  Eckington  and  Soldiers'  Home  ifail- 
way  Company  shall  pay  to  the  District  of  Columbia,  in 
addition  to  all  other  taxes  now  required  to  be  paid  by  the 
said  Eckington  and  Soldiers'  Home  Railwav  Company  the 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.         159 

sum  of  fifty  dollars  for  each  and  every  day  thereafter  until 
said  road  shall  be  completed. 

Sec.  8.  That  nothing  herein  shall  be  construed  to  relieve 
any  of  the  corporations  herein  mentioned  from  any  just 
liability  nor  to  in  any  manner  affect  any  valid  subsisting 
claim  of  any  creditor  against  said  corporations,  or  either 
of  them. 

Sec.  9.  That  the  Eckington  and  Soldiers'  Home  Railway  ^,^^^^1"' 
Company  is  hereby  authorized  to  change  its  name  to  City  "^  ^*^' 

and  Suburban  Railway  of  Washington  by  a  majority  vote  of 
its  stockholders,  such  change  to  become  operative  when  a 
certificate  of  the  action  of  the  stockholders  shall  have  been 
recorded  in  the  office  of  the  recorder  of  deeds  of  the  Dis- 
trict of  Columbia;  such  certificate  to  be  signed  by  the 
president,  attested  by  the  secretary,  and  the  corporate  seal 
to  be  attached  thereto. 

Sec.  10.  That  Congress  reserves  the  right  to  alter, 
amend,  or  repeal  this  Act. 

Approved,  June  27,  1898. 


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METKOPOLITAN  RAILEOAD  COl^inr  (EOTEACINO  TOT  COH^ 
KTUPTTrTIT  AVEKUE  AKD  PAEK  RAILWAY  COMPASy,  la* 
S?S  SlLROAD  COM?AKY,  AHD  THE  BOTJNDAEY  AKD  811- 
VEE  SPEINGS  EAILWAY  COMPANY). 

AN  ACT  to  incorporate  the  "Metropolitan  Railroad  Company"  in  *e_^3^i^ 
^  District  of  Columbia.  stats.  13,  p.  SM. 

Be  it  emHed  hy  the  Senate  and  Hmme  of  Representative    Metropolitan 
of  the  UnUed  States  of  America  ^nGo1^rmassmM  ^^T^L^X- 

Alexander  R.  Shepherd,  Richard  W  allach,  Lewis  O^phane,  e^  'tended). 
Samuel  P.  Brown,  Nathaniel  Wilson,  franklin  Tenney, 
Matthew  G.  Emery,  Samuel  Fowler,  John  Little  J.  O. 
McKelden  Savles  J.  Bowen,  John  H.  Semmes,  D.  O.  i^or- 
fey  WUlkm  W.  Rapley,  Wm.  G.  Moore,  Thomas  Lewis, 
JoL  B.  Keasby,  and  cLrles  H.  Nichols,  and  their  asso- 
ciates and  assigns,  be,  and  they  are  hereby,  created  a  body 
corporate,  under  the  name  of  the  "Metropolitan  Raihoad 
Company  "  with  authority  to  construct  and  lay  down  a 

att^^ck  milway,  with  the  "f^^^Py .  fS^rict  of 
turn-outs,  in  the  city  of  Washington  in  the  Dis-t^'ct  »* 
Columbia  through  and  along  the  following  avenue    ad 

streets:  Commencing  at  the  Fn«tlon«f  f^,«V^,tt*u„T  alon^'' 
New  Jersey  avenue,  at  the  north  side  of  the  Capitol ,  along 
The  east  side  of  New  Jersey  avenue  to  D  street  north 
along  D  street  north,  and  along  C  street  north  and  Ind  ana 
avenue  to  the  intersection  of  D  street  north  ^>th  Indiana 
avenue;  along  Indiana  avenue,  D  street  north  and  Louis- 
iana avenue  to  Fifth  street  west;  along  Fifth  street  west 
to  F  street  north;  along  F  street  north  to  Fourteenth  street 
west-  along  Fourteenth  street  west  to  I  street  north;  along 
ntr^et  no?th,  across  Pennsylvania  avenue,  to  the  junction 
of  New  Hampshire  avenue  and  Twenty-third  street  west; 
thence  along  New  Hampshire  avenue  to  the  Circle.     Also, 
a  double  or^single  tracl.  branch  railway,  commencing  at 
?heTntersection  of  D  street  north  and  New  Jersey  avenue; 
along  New  Jersey  avenue  to  Massachusetts  avenue;  along 
Massachusetts  avenue  to  H  street  "orth;  along  H  street 
north  to  Seventeenth  street  west,  intersecting  the  double- 
track  road.     Also,  a  double  or  single  track  ro^'if.'^om  the 
intersection  of  Fifteenth  street  west  and  I  street  north 
connecting  with  the  double-track  road  at  Fifteenth  street 
westra  ong  I  street  north  to  New  York  avenue;  along 
New  Yorkivenue  to  Ninth  street  west;  along  Ninth  street 
west  to  the  Washington  canal;  with  the  Pnvilege  of  extend- 
ing the  said  branch  road  at  any  time  flong.N?°tn  street 
wist  to  M  street  north,  along  M  street  north  to  Twelfth 


■4 


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License 
cars. 


Constmctioii, 


162        LAWS   BELATING   TO   STREET-RAILWAY   FRANCHISES. 

street  west,  and  along  Twelfth  street  west  to  the  Wash- 
ington canal  and  Maryland  avenue  to  the  Potomac  river, 
Motive     wer^^*^  ^^®  Tight  to  run  public  Carriages  thereon  drawn  by 
(chaV^)5'^^'^<^^se  power,  receiving  therefor  a  rate  of  fare  not  exceed- 
Fare.  ing  five  cents  per  passenger,  for  any  distance  between  the 

termini  of  either  of  the  said  main  railway,  or  between  the 
termini  of  either  of  said  branch  railways,  or  between  either 
Subject  to  mu-  *®r°^i"us  of  said  main  railway  and  the  terminus  of  either  of 
nicipai  reguia-said  branch  railways:  Provided^  That  the  use  and  main- 
^^^'^^^  tenance  of  the  said  road  shall  be  subject  to  the  municipal 

regulations  of  the  city  of  Washington  within  its  corporate 
limits. 
Taxation.  ^^^  gjjc.  2.  And  he  it  further  enacted,  That  the  said  roads 
shall  be  deemed  real  estate,  and  they,  together  with  other 
real  property  and  personal  property  of  said  body  corporate, 
shall  be  liable  to  taxation,  as  other  real  estate  and  personal 
property,  and  to  license  for  their  vehicles  or  cars  in  the 
cities  aforesaid,  except  as  hereinafter  provided,  and  that 
all  other  corporations  in  the  District  of  Columbia  hereto- 
fore organized  for  like  purposes  shall  be  subject  to  pay 
license,  as  provided  in  this  section. 

Sec.  3.  And  he  it  further  enacted,  That  the  said  railway 
shall  be  laid  in  the  centre  of  the  avenues  and  streets, 
(excepting  New  Jersey  avenue,  and  there  it  shall  be  laid 
as  hereinbefore  provided  for,)  as  near  as  may  be,  without 
interfering  with  or  passing  over  the  water  or  gas  pipes, 
in  the  most  approved  manner  adapted  for  street  rail- 
ways, with  rails  of  the  most  approved  patterns,  to  be 
determined  by  the  Secretary  of  the  Interior,  laid  upon 
an  even  surface  with  the  pavement  of  the  streets;  and  the 
space  between  the  two  tracks  shall  not  be  less  than  four 
feet,  nor  more  than  six  feet;  and  the  carriages  shall  not  be 
less  than  six  feet  in  width,  the  gtiage  [gauge]  to  correspond 
with  that  of  the  Baltimore  and  Ohio  Railroad. 
^  Sec.  4.  Andheit  further  enacted.  That  the  said  corpora- 
tion hereby  created  shall  be  bound  to  keep  said  tracks,  and 
for  the  space  of  two  feet  beyond  the  outer  rail  thereof,  and 
also  the  space  between  the  tracks,  at  all  times  well  paved 
and  in  good  order,  without  expense  to  the  United  States 
or  to  the  city  of  Washington. 

Sec.  5.  And  he  it  further  e^iacted,  That  nothing  in  this 
cr^  H«*^*  ®^^^^  prevent  the  Government  at  any  time,  at  their 

cim^4°^^  ^option,  from  altering  the  grade  or  otherwise  improving  all 
avenues  and  streets  occupied  by  said  road,  or  the  city  of 
Washington  from  so  altering  or  improving  such  streets 
and  avenues  and  the  sewerage  thereof  as  may  be  under 
their  respective  authority  and  control;  and  in  such  event 
it  shall  be  the  duty  of  said  company  to  change  their  said 
railroad  so  as  to  conform  to  such  grade  and  pavement. 

Sec.  6.  And  he  it  further  enacted.  That  this  act  may  at 
any  time  be  altered,  amended,  or  repealed  by  the  Congress 
of  the  United  States. 


Paving. 


Amendment. 


ff  See  act  of  Congress,  approved  Aug.  2,  1894. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.         163 


Sec.  7.  And  he  it  further  enacted.  That  nothing  in  this 
act  shall  be  so  construed  as  to  authorize  said  body  corpo- 
rate to  issue  any  note,  token,  device,  scrip,  or  other  evi- 
dence of  debt  to  be  used  as  a  currency. 

Sec.  8.  Andheit  further  enacted.  That  the  capital  stock 
of  said  company  shall  not  be  less  than  two  nor  more  than 
five  hundred  thousand  dollars,  and  that  the  stock  shall 
be  divided  into  shares  of  fifty  dollars  each,  and  shall  be 
deemed  personal  property,  transferable  in  such  manner  as 
the  by-laws  of  said  company  may  direct. 

Sec.  9.  And  he  it  further  enacted,  That  the  said  company 
shall  place  first-class  cars  on  said  railways,  with  all  the 
modern  improvements  for  the  convenience  and  comfort  of 
pasi^engers,  and  shall  run  cars  thereon  during  the  day  as 
often  as  every  four  minutes  on  the  route  from  the  Capitol, 
via  the  Baltimore  and  Ohio  Railroad  depot  and  depart- 
ments, to  the  Circle;  and  on  the  other  routes  once  in  fifteen 
minutes  each  way,  and  until  twelve  o'clock  at  night  as  often 
as  every  half  hour;  and  throughout  the  day  and  night  as 
much  of tener  as  public  convenience  may  require. 

Sec.  10.  Arid  be  it  further  enacted,  Th2ii  a^Adi  company 
shall  procure  such  passenger  rooms,  ticket  oflSces,  stables, 
and  depots  at  such  points  as  the  business  of  the  railroad 
and  the  convenience  of  the  public  may  require.  And  the 
said  company  is  hereby  authorized  to  lay  such  rails  through 
transverse  or  other  streets  as  may  be  necessary  for  the 
exclusive  purpose  of  connecting  the  said  stables  and  depots 
with  the  main  tracks.  And  the  said  company  is  hereby 
authorized  to  purchase  or  lease  such  lands  or  buildings  as 
may  be  necessary  for  the  passenger  rooms,  ticket  offices, 
stables,  and  depots  above  mentioned. 

Sec.  11.  And  he  it  further  enacted.  That  all  articles  of 
value  that  may  be  inadvertently  left  in  any  of  the  cars  or 
other  vehicles  of  the  said  company  shall  be  taken  to  their 
principal  depot  and  entered  in  a  book  of  record  of  unclaimed 
goods,  which  book  shall  be  open  to  the  inspection  of  the 
public  at  all  reasonable  hours  of  business. 

Sec.  12.  And  he  it  further  enacted.  That,  within  five  days 
after  the  passage  of  this  act,  the  corporators  named  in  the 
first  section,  or  a  majority  of  them,  or  if  any  refuse  or  neg- 
lect to  act,  then  a  majority  of  the  remainder,  shall  cause 
books  of  subscription  to  the  capital  stock  of  said  company 
to  be  opened  and  kept  open,  in  some  convenient  and  accessi- 
ble place  in  the  city  of  Washington,  from  nine  o'clock  in 
the  forenoon  till  five  o'clock  in  the  afternoon,  for  a  period 
to  be  fixed  by  said  corporators,  not  less  than  two  days, 
(unless  the  whole  stock  shall  be  sooner  subscribed  for,) 
and  said  corporators  shall  give  public  notice,  by  advertise- 
ment in  the  daily  papers  published  in  the  city  of  Washing- 
ton, of  the  time  when  and  the  place  where  said  books  shall 
be  opened.  And  subscribers  upon  said  books  to  the  capital 
stock  of  the  company  shall  be  held  to  be  stockholders:  Pro- 
vided, That  every  subscriber  shall  pay  at  the  time  of  sub- 
scribing twenty-five  per  centum  of  the  amount  by  him 


May  not  issue 
notes,  etc.,  as 
currency. 


Capital  stock. 


Cais. 


Schedule. 


Passenger 
rooms,  etc. 


Connection 
with  depots  and 
stables. 


Articles  left  in 
cars. 


Books  of  sub- 
scription to  be 
opened. 


M 


Subscribers 
shall  be  stock- 
holders. 


164        LAWS   BELATING   TO   STEEET-BAILWAY   FRANCHISES. 


Payment  at 
time  of  subscrib- 
ing. 


! 


Limit  of  sub- 
scripuon. 


First  meeting 


Directors. 


Officers. 


11 


By-lawa 


Annual  meet- 
ing. 


Free    use    of 
roadway. 


subscribed  to  the  treasurer  appointed  by  the  corporators, 
or  his  subscription  shall  be  null  and  void:'^ Provided  further, 
That  nothing  shall  be  received  in  payment  of  the' twenty- 
five  per  centum  at  the  time  of  subscribing  except  money: 
Provided  further.  That  no  person  shall  be  allowed  to  sub- 
scribe for  more  than  fifteen  thousand  dollars.  And  when 
the  books  of  subscription  to  the  capital  stock  of.  said  com- 
pany shall  be  closed,  the  corporators  named  in  the  first 
section,  or  a  majority  of  them,  and  in  case  any  of  them  re- 
fuse or  neglect  to  act,  then  a  majority  of  the  remainder, 
shall,  withm  twenty  days  thereafter,  call  the  first  meeting 
of  the  stockholders  of  said  company  to  meet  within  ten  days 
thereafter  for  the  choice  of  directors,  of  which  public  notice 
shall  be  given  for  five  days  in  two  public  newspapers  pub- 
lished daily  in  the  city  of  Washington,  or  by  written  personal 
notice  to  each  stockholder  by  the  clerk  of  the  corporation. 
And  in  all  meetings  of  the  stockholders  each  share  shall 
entitle  the  holder  to  one  vote,  to  be  given  in  person  or  by 
proxy. 

Sec.  13.  And  he  it  further  enacted,  That  the  government 
and  direction  of  the  affairs  of  the  company  shall  be  vested 
in  the  board  of  directors,  seven  in  number,  who  shall  be 
stockholders,  and  who  shall  hold  their  office  for  one  year, 
and  till  others  are  duly  elected  and  qualified  to  take  their 
places  as  directors.  And  the  said  directors  (a  majority  of 
whom,  the  president  being  one,  shall  be  a  quorum)  shall 
elect  one  of  their  number  to  be  president  of  the  board,  who 
shall  also  be  president  of  the  company;  and  they  shall  also 
choose  a  treasurer,  who  shall  give  bonds  with  surety  to  said 
company,  in  such  sum  as  the  said  directors  may  require,  for 
the  faithful  discharge  of  his  trust.  In  case  of  a  vacancy 
in  the  board  of  directors  by  the  death,  resignation,  or  oth- 
erwise, of  any  director,  the  vacancy  occasioned  thereby  shall 
be  filled  by  the  remaining  directors. 

Sec.  14.  A7id  he  it  further  enacted.  That  the  directors 
shall  have  full  power  to  make  and  prescribe  such  by-laws, 
rules,  and  regulations  as  they  shall  deem  needful  and  proper, 
touchingthedispositionanJmanagementof  the  stock,  prop- 
erty, estate,  and  effects  of  the  company,  notcontraiy  to  the 
charter,  or  to  the  laws  of  the  United  States  and  the  ordi- 
nances of  the  city  of  Washington:  Pr<mded,  That  there 
shall  be  no  regulation  excluding  any  person  from  any  car 
on  account  of  color. 

Sec.  15.  Andhe  it  further  enacted.  That  there  shall  be  an 
annual  meeting  of  the  stockholders,  for  choice  of  directors, 
to  be  holden  at  such  time  and  place,  under  such  conditions, 
and  upon  such  notice,  as  the  said  company  in  their  by-laws 
may  prescribe;  and  said  directors  shall  annually  make  a 
report  in  writing  of  their  doings  to  the  stockholders. 

Sec.  16.  And  he  it  further  enacted.  That  the  said  com- 
pany shall  have  at  all  times  the  free  and  uninterrupted 
use  of  the  roadway.  And  if  any  person  or  persons  shall 
willfully  and  unnecessarily  obstruct  or  impede  the  passage 
on  or  over  said  railway,  or  any  part  thereof,  or  shall  injure 


Liability  of 
stockholders. 


LAWS   BELATING   TO   STREET-RAILWAY   FRANCHISES.         165 

or  destroy  the  cars,  depot  stations,  or  any  property  belong- 
ing to  said  railway  company,  the  person  or  persons  so 
offending  shall  forfeit  and  pay  for  every  such  offence  the 
sum  of  five  dollars,  to  be  recovered  and  disposed  of  as 
other  fines  and  penalties  in  said  cities,  and  shall  remain 
liable,  in  addition  to  said  penalt}^  for  any  loss  or  damage 
occasioned  by  his,  her,  or  their  act,  as  aforesaid;  but  no 
suit  shall  be  brought  unless  commenced  within  sixty  days 

after  such  offence  shall  have  been  committed. 
Sec.  17.  ^/i6?J^?:?5/^/ri5A^/'6yi«cj{6C?,  That  unless  said  cor- j^^^J'^e  for  buiid- 

poration  shall  make  and  complete  their  said  railways 
between  the  Capitol  and  Seventeenth  street  west  within 
four  months  after  the  company  shall  have  been  organized, 
and  the  railwa3"s  on  the  other  routes  herein  described  within 
one  year  after  the  com.pany  shall  have  been  organized, 
then  this  act  shall  be  null  and  void,  and  no  rights  what- 
ever shall  be  acquired  under  it. 

Sec.  18.  And  he  it  further  enacted.  That  all  acts  and^i^^f^P^^i^^g 
parts  of  acts  heretofore  passed  which  are  inconsistent  with 
an}'  of  the  provisions  of  this  act,  [are],  for  the  purposes 
of  this  act,  hereby  repealed,  so  far  as  the  same  are  incon- 
sistent therewith. 

Sec.  19.  Andhe  it  further  enacted.  That  each  of  the  stock- 
holders in  the  Metropolitan  Railroad  Company  shall  be 
individually  liable  for  all  the  debts  and  liabilities  of  said 
compan}^  to  an  amount  equal  to  the  amount  of  stock  held 
by  such  stockholders. 

Sec.  20.  Andhe  further  enacted.  That  the  said  railroad  j^l^^^je^c^ 
compan}^  shall  keep  in  good  repair  and  in  clean  condition  clean, 
the  flagstones  or  cross-walks  leading  to,  upon,  and  over 
their  tracks  at  the  crossings  of  the  several  streets,  which 
intersect  their  railroad,  removing  therefrom  snow  and  ice, 
as  well  as  mud,  dirt,  or  other  annoyance;  and  shall  fur- 
ther, whenever  necessary  to  render  such  crossings  dry  and 
convenient,  raise  or  deviate  the  same  sufiSciently  for  that 
purpose,  and  shall  adjust  the  adjoining  pavement  so  as  to 
make  it  convenient  for  carriages  to  pass  said  crossings. 

Sec.  21 .  And  he  it  further  enacted,^  That  for  each  and  every  ciSig^cJoss^ 
violation  of  the  foregoing  provisions  the  said  company  ings. 
shall  forfeit  and  pay  a  sum  not  less  than  five  dollars  and 
not  more  than  one  hundred  dollars,  which  may  be  recov- 
ered, with  costs  of  suit,  on  complaint  of  any  person 
aggreived,  in  any  court  of  competent  jurisdiction  in  the 
District  of  Columbia.  Such  action  may  be  prosecuted  in 
the  name  of  the  city  of  Washington,  and  one- half  of  the 
penalties  recovered  shall  be  for  the  use  of  the  city  of  Wash- 
ington, and  the  other  half  for  the  use  of  the  complainant: 
Provided,  however.  That  any  party  complainant  shall,  before 
commencing  such  action,  file  with  the  Clerk  of  the  Supreme 
Court  of  the  District  of  Columbia  a  bond  to  be  approved 
by  the  clerk  of  the  said  court,  with  at  least  one  surety,  to 
be  approved  by  said  clerk,  and  in  a  penalty  of  one  hundred 
dollars,  conditioned  that  the  complainant  shall  well  and 
truly  save  harmless,  and  indemnify  the  said  city  against 


ii> 


Annual  report. 


^  '• 


Cost  of  road. 


Itt 


166        LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 

the  payment  of  all  costs  and  charges  which  shall  be  recov- 
ered against  said  city  by  reason  of  the  failure  of  the  com- 
plainant to  prosecute  or  maintain  his  said  complaint. 

Sec.  22.  Andhe  it  further  enacted.  That  the  said  railroad 
company  shall,  by  the  fifteenth  day  of  January,  after  the 
completion  of  said  road,  and  annually  on  or  before  that  day 
thereafter,  transmit  to  Congress  a  full  report  of  the  affairs, 
business,  and  condition  of  the  said  company  for  the  year 
terminating  December  thirty-one  preceding  such  report, 
and  such  report  shall  be  signed  and  sworn  to  by  the  presi- 
dent and  treasurer  of  the  company,  or  by  a  majority  of 
the  directors,  and  shall  specify  the  following  items:  First, 
Capital  stock  fixed  by  charter.     Second,  Capital  stock  sub- 
scribed and  actually  paid  in  in  cash.     Third,  Dividends 
made  to  stockholders  on  the  capital  stock  of  the  company 
and  when  made.     Fourth,  Total  capital  stock  at  the  termi- 
nation of  the  previous  year.     Fifth,  Funded  debt  of  the 
company,  and  in  what  way  secured.     Sixth,  Floating  debt 
of  the  company.     Seventh,  Total  indebtedness  of  the  com- 
pany exclusive  of  capital.     Cost  of  road.     Eighth,  Total 
cost  of  rails,  chains,  spikes,  and  other  iron  used  in  con- 
struction.    Ninth,  Total  cost  of  ties,  stringers,  and  other 
wood  or  timber  used  in  construction.     Tenth,  Cost  of  pav- 
ing-stone, gravel,  and  other  material  used  in  construction 
not  above  enumerated.     Eleventh,  Cost  of  labor  in  the 
construction  of  the  road.     Twelfth,  Cost  of  engineering 
and  salaries  paid  to  oflScers  and  agents  of  the  company,  and 
discount  of  interest  paid  on  loans.    Thirteenth,  Amount  ex- 
of  equipment,  pended  in  repairs  of  road.  Cost  of  equipment.   Fourteenth, 
Number  and  cost  of  cars.     Fifteenth,  Number  of  horses  or 
mules  used  in  the  service  of  the  road,  and  cost.    Sixteenth, 
Cost  of  harness  and  other  appointments.   Seventeenth,  Cost 
of  tools  and  fixtures,  including  furniture  of  oflices.    Eight- 
eenth, Cost  of  real  estate  and  improvements  thereon  bv 
Characteristics,  the  company .   Characteristics.    Nineteenth,Total  length  Jf 
roads,  measured  at  single  track,  including  switches  and  turn- 
outs.   Twentieth,  Weight  and  character  of  rail.    Twenty- 
first,   Number  of   passengers  carried  during   the  year. 
Twenty-second,  Average  number  of  passengers  per'trip. 
ncome.         Income  of  road.   Twenty-third,  Total  receipts  from  passen- 
gers.   Twenty-fourth,  Total  recipts  from  other  sources,  and 
what  sources.     Expenses  of  operation  and  maintenance  of 
road.    Twenty -fifth.  Amount  of  salaries  paid  to  officers  of 
the  company.     Twenty-sixth,  Amount  paid  to  employees, 
with  the  number  each  of  clerks,  conductors,  drivers,  station- 
keepers,  and  laborers.    Twenty-seventh,  Amount  paid  for 
taxes  of  all  kinds,  and  insurance.    Twenty-eighth,  Amount 
paid  for  reconstruction  of  and  repairs  to  track,  turn-outs, 
Miscellaneous,  and  other  structures.     Miscellanenous.     Twenty-ninth, 
Amount  of  dividends  paid  during  the  preceding*^year  in 
cash,  and  dividends  in  stock  to  stockholders  and  percent- 
age of  each.     Thirtieth,  Increase  of  capital  stock,  if  any, 
during  the  year.    Thirty-first,  Number  of  persons  killed  or 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.         167 


seriously  injured  on  the  road  during  the  previous  year,  and 
the  causes  thereof. 

Sec.  23.  And  he  it  further  enacted,  That  it  shall  be  the 
duty  of  said  company,  when  said  road  is  completed,  to  have 
prepared  tickets  for  passage  on  their  cars,  and  to  keep 
them  at  their  office  for  sale  by  the  package  of  twenty-five 
or  over  at  the  rate  of  twenty -five  for  the  dollar. 

Approved,  July  1,  1864. 


Sale  of  ticketa 


AN  ACT  To  amend  an  act  entitled  "An  act  to  incorporate  the  Metro-    March  3, 1865. 
politan  Railroad  Company  in  the  District  of  Columbia.'*  stats.  13, p.  536. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled  That  R.^®*c??chirte^ 
an  act  entitled  ''An  act  to  incorporate  the  Metropolitan  amended. 
Railroad  Company  in  the  District  of  Columbia,"  approved 
July  first,  eighteen  hundred  and  sixty-four,  be,  and  the  same 
hereby  is,  amended  as  hereinafter  set  forth,  namely,  that 
the  first  section  be,  and  hereby  is,  amended  by  striking  out 
all  after  the  words  ''along  H  street  north  to  Seventeenth 
street  west,  intersecting  the  double-track  road,"  and  insert- 
ing: also  a  double  or  single-track  railway,  commencing  at  Routechanged. 
the  intersection  of  D  street  north  and  Four-and-a-half 
street  west,  along  Four-and-a-half  street  west  to  the  gate 
of  the  Arsenal;  also  a  double  or  single-track  branch  railway 
commencing  at  the  intersection  of  Ninth  street  west  and 
the  Washington  canal,  along  Ninth  street  west  to  M  street 
north,  along  M  street  north  to  Twelfth  street  west,  along 
Twelfth  street  west  to  the  Washington  canal  and  Mary- 
land avenue  to  the  Potomac  River;  also  a  double  or  single- 
track  branch  railway,  commencing  at  the  intersection  of 
Massachusetts  avenue  and  H  street  north,  along  Massachu- 
setts avenue  to  K  street  north,  along  K  street  north  to  the 
Circle,  with  the  privilege  of  extending  the  said  branch  road 
at  any  time  along  K  street  north  to  Rock  creek,  across  the 
bridge  over  Rock  creek  to  Water  street,  Georgetown,  along 
Water  street  in  Georgetown  to  Green  street,  along  Green 
street  to  Gay  street,  and  along  Gay  street  and  First  street 
to  Fayette  street,  Georgetown,  with  the  privilege  of  extend- 
ing at  any  time  the  road  now  in  operation  from  Seventeenth 
street  west  to  the  Capitol,  from  the  present  terminus  of 
said  road  on  A  street  north,  along  A  street  north  to  first 
street  east,  along  first  street  east  to  East  Capitol  street, 
along  East  Capitol  street  to  Ninth  street  east,  along  Ninth 
street  east  to  L  street  south,  with  the  right  to  run  public 
carriages  thereon,  drawn  by  horse  power,  receiving  therefor 
a  rate^f  fare  not  exceeding  eight  cents  per  passenger,  for 
any  distance  between  the  termini  of  either  of  said  main 
railways  or  between  the  termini  of  said  branch  railways 
or  between  either  terminus  of  said  main  railway,  and  the 
terminus  of  either  of  said  branch  railways:  Provided^  That  ^i^^^^f^y**  ™J;: 
the  use  and  maintenance  of  the  said  road  shall  be  subject  SSf 


Rates  of  fare. 


1 


Stock 
creased. 


in 


Payment. 


168        LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 

to  the  municipal  regulations  of  the  city  of  Washington 
within  its  corporate  limits. 

Sec.  2.  And  he  it  further  enacted,  That  section  eight  be, 
and  hereby  is,  amended  by  striking  out  the  words  ''five 
hundred  thousand  dollars,"  and  inserting  the  words  "one 
million  dollars:"  Provided^  That  the  directors  of  said 
Metropolitan  Railroad  Company  shall  have  power  to  require 
the  subscribers  to  the  capital  stock  to  pay  the  amount  by 
them  respectively  subscribed  at  such  time,  and  such  man- 
ner, and  in  such  instalments,  as  they  may  deem  proper; 
and  if  any  stockholder  shall  refuse  or  neglect  to  pay  any 
instalments,  as  required  by  a  resolution  of  the  board  of 
directors,  after  reasonable  notice  of  the  same,  the  said 

deS!"^  "^^^  ""  board  of  directors  may  sell  at  public  auction,  to  the  highest 
bidder,  so  many  shares  of  said  stock  as  shall  pay  said 
instalments,  (and  the  highest  bidder  shall  be  taken  to  be 
the  person  who  offers  to  purchase  the  least  number  of 
shares  for  the  assessment  due,)  under  such  general  regula- 
tions as  may  be  adopted  in  the  by-laws  of  said  corporation, 
or  may  sue  for  and  collect  the  same  in  any  court  of  compe- 
tent jurisdiction. 

Sec.  3.  Andhe  it  further  enacted^  That  section  seventeen 
be,  and  hereby  is,  so  amended  as  to  allow  the  said  corpora- 
tion three  years  from  the  date  of  the  approval  of  this  act 
in  which  to  complete  the  railways  herein  described  and 
those  described  in  the  act  to  which  this  is  an  amendment. 
Sec.  4.  Andheit farther  enacted.  That  the  twenty-second 
section  be,  and  hereby  is,  amended  by  striking  out  the 
words  "  at  the  rate  of  twenty -five  for  one  dollar,"  and 
inserting  the  words  ''  at  the  rate  of  sixteen  for  one  dollar." 

jMiusion  from     Sec.  5.  And  he  it  further  enacted.  That  the  provision  pro- 

hibiting  any  exclusion  from  any  car  on  account  of  color, 

already  applicable  to  the  Metropolitan  Railroad,  is  hereby 

extended  to  every  other  railroad  in  the  District  of  Columbia. 

Approved  March  3,  1865. 


Time  for  com 
pletlon. 


Tickets. 


I 


Jan.  30, 1865.    AN  ACT  To  amend  an  act  entitled  "An  act  to  incorporate  the  Metro- 
Stats.  13,  p.  426.     politan  Railroad  Company  in  the  District  of  Columbia,"  approved 
July  1,  1864. 

Beit  enacted  hy  the  Senate  and  House  of  Eepresentatives 
ui(S^       "^ofthe  United  States  of  America  in  Congress  assmthled,  That 
section  17  of  the  act  to  incorporate  the  Metropolitan  Rail- 
road Company  of  the  District  of  Columbia,  approved  July 
1,  1864,  be,  and  the  same  is  hereby,  amended  so  as  to  ex- 
pi^Vn'"??:*®^^  ^^^  ti^^  for  the  completion  of  their  railroad  line, 
tended.  except  that  part  thereof  between  Seventeenth  street  and 

the  Capitol,  for  one  year  from  the  passage  of  this  act: 
Provided,  hawevet^  That  the  line  from  Seventeenth  street 
and  the  Capitol  be  completed,  equipped,  and  running  within 
thirty  days  from  the  passage  of  this  act. 
Approved  January  30,  1866. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.         169 

AN  ACT  Extending  the  time  for  the  completion  of  certain  street  rail-    March  2. 1867. 

way  s.  Stats.  14,  p.  440. 

Be  it  enacted  hy  the  Senate  and  Rouse  of  Repr^mtatwes 
of  the  United  States  of  America  in  Congress  assembled,  Ihat^M^etropoiuan 
section  seventeen  of  the  act  to  incorporate  the  Metropolitan 
Railroad  Company,  in  the  District  of  Columbia,  approved 
Julv  1,  1S64,  be,  and  the  same  is  hereby,  still  further 
amended  so  as  to  extend  the  time  for  the  completion  of  pT^^f^^«'««5; 
their  railroad  line,  except  that  part  thereof  between  bev-  tended, 
enteenth  street  and  the  Capitol,  for  three  years  from  the 
first  day  of  January,  1866. 

Approved  March  2,  1867. 


AN  ACT  Relating  to  the  Metropolitan  Railroad  Company.  March  3, 1869. 

Be  it  enacted  hy  the  Senate  and  House  of  Rejpresentat^es    ^^^^' ^^'  P;^* 
of  the  United  States  of  America  in  Congress  assenfahUd,jy^^t  ^l^}^^""^^^"^ 
the  Metropolitan  Railroad  Company,  in  the  District  of  Co- 
lumbia, be,  and  is  hereby,  allowed  five  years  from  and  pTime^^or  com- 
after  the  passage  of  this  act  for  the  completion  of  its  lines  tended, 
of  street  railways,  authorized  by  the  acts  of  July  first, 
eighteen  hundred  and  sixty-four,  and  March  third,  eighteen 
hundred  and  sixty-five,  anything  contained  in  said  act  or 
any  other  acts  to  the  contrary  notwithstanding. 

Approved  March  3,  1869. 


AN  ACT  To  incorporate  the  Connecticut  Avenue  and  Park  Railway    July  13. 1868. 
Company,  in  the  District  of  Columbia.  stats.  15,  p.  85. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives   ^^^  ^^^  ^^ 
of  the  United  States  of  America  in  Congress  assembled,  1  hat  Park   Railway 
Augustus  B.  Stoughton,  John  Little,  John  L.  Kidwe  ^^J^^^^^^'^p^' 
George  H.  Plant,  LeRoy  Tuttle,  G.  W.  Hopkins,  R.  M.  Hall,  ^J^^^^^  ^r 
and  their  associates  and  assigns,  be,  and  they  are  hereby,  r.  co.) 
created  a  body  corporate,  under  the  name  of  the  Connecti- 
cut Avenue  and  Park  Railway  Company,  with  authority  to 
construct  and  lay  down  a  single  or  double  track  railway, 
with  the  necessary  switches  and  turnouts,  in  the  city  of 
Washington,  in  the  District  of  Columbia,  through  and 
along  the  following  avenues,  streets,  and  highways:  Com- 
mencing at  the  intersection  of  Seventeenth  street  west 
and  Pennsylvania  avenue;  along  the  west  side  of  Seven- 
teenth street  to  its  intersection  with  H  street  north;  thence 
along  Seventeenth  street  west  to  its  intersection  with  Con- 
necticut avenue;   thence  along  said  avenue  to  Boundary 
street.     Also,  from  the  intersection  of  Boundary  street 
and  Connecticut  avenue;  along  the  county  road  from  such 
intersection;  thence  on  any  road  opened,  or  which  mav 
hereafter  be  opened,  west  of  the  Fourteenth-street  road, 
to  within  or  through  the  proposed  public  park,  or  to  the 
county  line  of  Washington  County,  with  the  right  to  run 
public  carriages  thereon  drawn  by  horse  power,  receiving 


Route. 


v.: 


Taxation. 


License 
cars. 


for. 


Construction. 


1/ 


It 


170        LAWS   RELATING   TO   STKEET-RAILWAY   FEAKCHISES. 

tl^fnJ  h:«^*'  °*  **'■''  "Jf  e'^ceeding  six  cents  a  passenger 
mfliorifvfi»^'"tK''u'^"^  ™?^-"  ^'^»<^^,  That  shoulf  a 
thehfflr«lf1  *'^''R'^^'■^'°  ^'*^*'*'  «*'''*  '•"^'J'  «ftei-  reaching 
iiV^  .^''*"*?-  °^  .Boundary  street  and  Connecticut  avenue 
instead  of  continuing  from  said  intersection  up  the  county 
road  now  opened  may  be  constructed  along  Boundary  street 
in  the  direction  of  Meridian  Hill  to  any  county  road  opened 

wes't  and"?.;^ ^'''f'''  '"'T'''^^  ^^'  ^'  sfxt3treet 
west  and  thence  along  said  county  road  by  the  most  prac- 
ticable route  to  the  terminus  neaV,  at,  infor  throulrthe 
proposed  park,  as  hereinbefore  provided 

bEC.  2.  And  be  it  further  enacted.  That  said  road  shall  be 
deemed  real  estate,  and,  together  with  other  real  and  per! 
sonal  property  of  said  body  corporate,  shall  be  liable  to 
taxation  as  other  real  estate  a„5  personal  property  and 
to  license  for  their  vehicles  or  cars'^in  the  city  a^nd  county 
aforesaid,  except  as  hereinafter  provided  ' 

<.V.,n  *V>  ^"i  4**^  \H. further  enacted.  That  the  said  railway 
shall  be  laid  m  the  centers  of  the  avenue  and  street^  b 
the  city  (excepting  Seventeenth  street;  there  it  shall  be 
laid  as  hereinbefore  provided  for,)  as  nekr  as  may  be  with! 
put  interfering  with  or  passing  over  the  water  or  gas  pipes 
m  the  most  approved  manner  adapted  for  street  railways! 
with  rails  of  the  most  approved  pattern,  to  be  determined 
by  the  Secretary  of  the  Interior,  [aid  upon  an  even  surface 
with  the  pavement  of  the  streets  or  avenues;  and  the  sp^e 
tetween  the  two  tmcks,  when  two  are  laid,  shall  not  be 

(See    footnote  S  ft  be"[e  '!«" '  " 'T  f^""  ^^5  '^^\  ''"'^  »»»«  ^^'^^S^ 

fojgaoge.)        snail  not  be  less  than  six  feet  m  width,  the  muw  to  corre 
spond  with  that  of  the  Baltimore  and  Ohio  Bt^A.    Tha 
the  railway  m  the  county  shall  be  laid  in  such  manner  L 
wil  least  interfere  with  the  ordinary  travel  of  the  roads  on 
which  the  said  track  shall  be  laid.  " 

Sec.  4.  And  he  it  further  enacted.  That  the  said  corpora- 
tion hereby  created  shall  be  bound  to  keep  said  traX  and 
for  a  space  of  two  feet  beyond  the  outer  rail  thereof'  and 
also  the  space  between  the  tracks,  at  all  times  well  paved 
and  in  good  order,  without  expense  to  the  United  sK 
the  city  or  county  of  Washington.  ' 

teEc.  5.  And  he  it  further  enacted.  That  nothing  in  this 
act  shall  prevent  the  Government  at  any  time  at  thei? 
option  from  altering  the  grades  or  otherwise  improving 
all  avenues  and  streets  occupied  by  said  road,  or  the  citf 
of  Washington  from  so  altering  or  improving  such  streete 
and  avenue-s  and  the  sewerage  thereof,  as  may  be  under 

t  XauTthJH.7'''T"^v?"^  ''""*'"''  *"d  '»  -'h  "ent 
it  shall  be  the  duty  of  said  company  to  change  their  said 

railway  so  as  to  conform  to  such  grade  and  pa'Vement. 
bEO.  6.  And  he  tt  further  enacted.  That  this  act  may  be" 

^  o,  notes  'f  ^^  uTtedSs'""^"'^'^'  ''  ''^'''^  ''^  *•"«  C-^-- 
?o^^S™°^'..  f^-,1\-^^^^^^fi^fi^- enacted.  That  nothing  in  this 
-orbidden.        act  shaU  be  so  construed  a«  to  authorize  said  bod>  corpo! 


Paving. 


Orade  may  be 
changed. 


Amendment. 


LAWS  RELATING   TO   STREET-RAILWAY  FRANCHISES.         171 


rate  to  issue  any  note,  token,  device,  scrip,  or  other  evi- 
dence of  debt  to' be  used  as  currency. 

Sec.  8.  And  he  it  further  enacted.  That  the  capital  stock 
of  said  company  shall  be  not  less  than  fifty  thousand  dol- 
lars, nor  more' than  two  hundred  thousand  dollars,  and 
that  the  stock  shall  be  divided  into  shares  of  twenty-five 
dollars  each,  and  shall  be  deemed  personal  property,  trans- 
ferable in  such  manner  as  the  by-laws  of  said  company 

may  direct. 

Sec.  9.  And  he  it furthet^ enacted,  ThdXth^^diiacom^^wy 

shall  place  first-class  cars  on  said  railway,  with  all  the 

modern  improvements  for  the  convenience  and  comfort  of 

passengers,  and  shall  run  cars  thereon  during  the  day  as 

often  as  every  ten  minutes,  between  Pennsylvania  Avenue 

and  Boundary  Street,  and  through  the  day  and  night  on 

the  entire  road,  or  such  portions  as  may  be  completed,  as 

often  as  the  public  convenience  may  require. 

Sec.  10.  And  be  it  further  enacted.  That  the  said  company 
shall  procure  such  passenger  rooms,  ticket  offices,  stebles, 
and  depots,  at  such  points  as  the  business  of  the  railroad 
and  the  convenience  of  the  public  may  require.  And  said 
company  is  hereby  authorized  to  lay  such  rails  through 
transverse  or  other  streets  as  may  be  necessary  for  the 
exclusive  purpose  of  connecting  the  said  stables  and  depots 
with  the  main  tracks.  And  the  said  company  is  hereby 
authorized  to  purchase  or  lease  such  lands  or  buildings  as 
may  be  necessary  for  the  passenger  rooms,  ticket  offices, 
stables,  and  depots  above  mentioned. 

Sec.  11.  A7id  he  it  further  enacted.  That  all  articles  of 
value  that  may  be  inadvertently  left  in  any  of  the  cars  or 
vehicles  of  the  said  company  shall  be  taken  to  their  prin- 
cipal depot,  and  entered  in  a  book  of  record  of  unclaimed 
goods,  which  said  book  shall  be  open  to  the  inspection  of 
the  public  at  all  reasonable  hours  of  business. 

Sec.  12.  Ajid  he  it  further  enacted.  That  within  thirty 
days  after  the  passage  of  this  act  the  corporators  named 
in  the  first  section,  or  a  majority  of  them,  or,  if  any  re- 
fuse or  neglect  to  act,  then  a  majority  of  the  remainder, 
shall  cause  books  of  subscription  to  the  capital  stock  of 
said  company  to  be  opened  and  kept  open,  in  some  conve- 
nient and  accessible  place  in  the  city  of  Washington,  from 
nine  o'clock  in  the  forenoon  until  three  o'clock  in  the 
afternoon,  for  a  period,  to  be  fixed  by  said  corporators, 
not  less  than  two  days,  and  said  corporators  shall  give 
public  notice,  by  advertisement  in  the  daily  papers  pub- 
lished in  the  city  of  Washington,  of  the  time  when  and 
the  place  where  said  books  shall  be  opened;  and  subscribers 
upon  said  books  to  the  capital  stocik  of  the  company  shall 
be  held  to  be  stockholders:  Provided,  That  no  one  indi- 
vidual shall  be  allowed  to  subscribe  for  more  than  one 
hundred  shares  of  said  stock:  Provided,  further.  That 
every  subscriber  shall  pay  at  the  time  of  subscribing 
twenty-five  percentum  of  the  amount  by  him  subscribed  to 


Capital  stock. 


Cars. 


Schedule. 


Passenger 
rooms,  etc. 


Articles  left  in 
cars. 


Books  of  snb- 
scription  to  be 
opened. 


Subscribers  to 
be  stockholders. 


Payments. 


172        LAWS   BELATING   TO   STREET-RAILWAY    FRANCHISES. 

tbe  treasurer  appointed  by  the  corporators,  or  his  subscrip- 
tion shall  be  null  and  void.     If,  at  the  end  of  two  days,  a 
larger  amount  than  the  capital  stock  of  said  company  shall 
have  been  subscribed,  the  books  shall  be  closed,  and  the 
said  corporators  named  in  the  lirst  section  shall  forthwith 
proceed  to  apportion  said  capital  stock  amone  the  sub- 
scribers pro  rata,  and  make  public  proclamation  of  the 
number  of  shares  allotted  to  each,  which  shall  be  done  and 
completed  on  the  same  day  the  books  are  closed:  Provided, 
/urtAer  Th'dt  nothing  shall  be  received  in  pavment  of  the 
twenty-fivfe  per  centum  at  the  time  of  subscribing  except 
money.     And  when  the  books  of  subscription  to  the  capi- 
tal stock  of  said  company  shall  be  closed,  the  corporators 
named  m  the  first  section,  or  a  majority  of  them,  and,  in 
case  any  of  them  refuse  or  neglect  to  act,  then  a  maioritv 
nm  meetings    ,     remainder  shall,  within  ten  days  thereafter,  call  the 
ofstSdSidf«°^6rst  meeting  of  the  stockholders  of  said  company  to  meet 
within  ten  days  thereafter  for  the  choice  of  directors  of 
which  public  notice  shall  be  given  for  five  days  in  two 
public  newspapers  published  daily  in  the  city  of  Washing- 
ton or  by  written  or  printed  personal  notice  to  each  stock- 
holder by  the  clerk  of  the  corporation.    And  in  all  meetings 
of  stockholders  each  share  shall  entitle  the  holder  to  oSe 
vote,  to  be  given  in  person  or  by  proxy. 
Sec.  IZ.Andheitfurthei^mdcted,  That  the  government 

Director..        f  ""^   ^^^''^f'' ?K  ^^^^  ""^'^^^^  ^^  ^^^  company  shall  be  vested 
"'^        in  a  board  of  directors,  seven  in  number,  who  shall  be 
stockholders,  and  who  shall  hold  their  oflSce  for  one  vear 
and  until  others  are  duly  elected  and  qualified  to  take'^their 
places  as  directors.     And  the  said  directors  (a  majority  of 
Officers.         ZCT'      \  P/;^pd^"t  being  one,  shall  be  a  quorum)  shall 
elect  one  of  their  number  to  be  president  of  the  board,  who 
shall  also  be  president  of  the  company;  and  they  shall  also 
choose  a  treasurer,  who  shall  give  bonds  with  surety  to  said 
company  in  such  sum  as  the  said  directors  may  require,  for 
the  faithful  discharge  of  his  trust.     In  case  of  a  vacancy 
m  the  board  of  directors,  by  the  death,  resignation,  or 
otherwise  of  any  director,  the  vacancy  occasioned  thereby 
«y-l»wi         ®  c  ^  *^^  remaining  directors.  ^ 

1.  n  u  ^"^'/n"^  ^^  it  further  enacted.  That  the  directors 
shall  have  full  power  to  make  and  prescribe  such  bv-laws 
rules,  and  regulations  as  they  shall  deem  needful  and 
proper,  touching  the  disposition  and  management  of  the 
Stock,  property,  estate,  and  effects  of  the  company,  not 
contrary  to  the  charter,  or  to  the  laws  of  the  United  States 
and  the  ordinances  of  the  city  and  count v  of  Washington: 
Provided,  That  the  directors  of  said  corporation  shall  have 
power  to  require  the  subscribers  to  the  capital  stock  to 
pay  the  amount  by  them  respectively  subscribed  at  such 
time,  after  the  first  instalment,  in  such  manner  and  in  such 
amounts  as  they  may  deem  proper;  and  if  any  stockholder 
shall  refuse  or  neglect  to  pay  any  instalments,  as  required 
by  a  resolution  of  the  board  of  directors,  after  reasonable 
notice  of  the  same,  the  said  board  of  directors  may  sell  at 


LAWS   RELATING   TO    STREET-RAILWAY    FRANCHISES.         l73 


public  auction,  to  the  highest  bidder,  so  many  shares  of 
said  stock  as  shall  pay  said  instalments,  (and  the  highest 
bidder  shall  be  taken  to  be  the  person  who  offers  to  pur- 
chase the  least  number  of  shares  for  the  assessment  due,) 
under  such  general  regulations  as  may  be  adopted  in  the 
by-laws  of  said  corporation,  or  may  sue  for  or  collect  the 
same  in  any  court  of  competent  jurisdiction.  ,    „  , 

Sec.  15.  And  he  it  further  enacted.  That  there  shall  be 
an  annual  meeting  of  the  stockholders,  for  choice  of  direc- 
tors, to  be  holden  at  such  time  and  place,  under  such  con- 
ditions, and  upon  such  notice,  as  the  said  company  in  their 
by-laws  may  prescribe;  and  said  directors  shall  annually 
make  a  report,  in  writing,  of  their  doings  to  Congress 
and  the  stockholders. 

Sec.  16.  And  he  it  further  enacted,  That  the  mayor, 
council  of  said  city,  and  the  levy  court  of  said  county,  and 
the  several  officers  of  these  corporations,  and  the  said  cor- 
porations, are  hereby  prohibited  from  doing  any  act  or 
thing  to  hinder,  delay,  or  obstruct  the  construction  or 
operations  of  said  railway,  as  herein  authorized. 

Sec.  17.  And  he  it  furthei^  enacted.  That  the  said  com- 
pany shall  have  at  all  times  the  free  and  uninterrupted  use 
of  the  roadway.  And  if  any  person  or  persons  shall  wil- 
fully and  unnecessarilv  obstruct  or  impede  the  passage  or 
destroy  the  cars,  depot  stations,  or  any  other  property 
belonging  to  said  railway  company,  the  person  or  persons 
so  offending  shall  forfeit  and  pay  for  each  such  offence  the 
sum  of  ten  dollars  to  said  company,  to  be  recovered  and 
disposed  of  as  other  fines  and  penalties  in  said  city  or 
county;  and  shall  remain  liable,  in  addition  to  said  pen- 
alty, for  any  loss  or  damage  occasioned  by  his,  her,  or 
their  act,  as  aforesaid;  but  no  suit  shall  be  brought  unless 
commenced  within  sixty  days  after  such  offence  shall  have 

been  committed. 

Sec.  18.  Andhe  it  further  enacted.  That  unless  said  cor- 
poration shall  make  and  comi)lete  their  said  railway  or 
railways  between  Pennsylvania  avenue  and  Boundary 
street  within  eight  months  after  the  company  shall  have 
been  organized,  then  this  act  shall  be  null  and  void,  and  no 
rio-hts  whatsoever  shall  be  acquired  under  it;  and  that  the 
remainder  of  said  road  shall  be  completed  within  four  years 
to  its  proposed  terminus  in  the  county  of  Washington. 

Sec.  19.  Andhe  it  further  enacted.  That  there  shall  be  no 
regulations  excluding  any  person  from  any  car  on  account 

Sec.  20.  And  he  it  further  enacted.  That  each  of  the 
stockholders  in  the  Connecticut  Avenue  and  Park  Rail- 
road Company  shall  be  individually  liable  for  all  the  debt 
and  liabilities  of  said  company  to  an  amount  equal  to  the 
amount  of  stock  held  by  such  stockholder.         ,    „  ^    ,, 

Sec.  21.  Aiid  he  it  further  enacted.  That  it  shall  be  the 
duty  of  said  company,  when  said  road  is  completed  be- 
tween Pennsylvania  avenue  and  Boundary  street,  to  have 
prepared  tickets  for  passengers  on  their  cars,  and  to  keep 


stock  in  ar- 
rears. 


Annual  meet- 
ing. 


Report 


Construction 
and  operation  of 
road  not  to  be 
hindered. 


Free  use  of 
roadway. 


Time  for  com- 
pletion. 


Exclusion  from 


cars. 


Liability    ol 
stockholders. 


Ticketa. 


* 


11 


174        LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 

them  at  their  office  for  sale  by  the  package,  at  the  rate  of 
ProvHons  of     c  ^^  ^^"^^  ^"^  twent\-  for  one  dollar. 

chartirif  Wash-   .  ^^^'  22.  And  he  it  further  enacted^  That  all  the  provi- 
Geo'4?tSwn^ro"a^?.^^"«    <^/    ^^^^  ^ct    incorporating    the    Washington   and 
made  applicable  trcorgetown  Kailroad  Company,  requiring  reports  of  ex- 
penditures, earnings,  and  otherwise,  shall  be  applicable  to 
the  company  herein  incorporated,  which  shall  make  reports 
as  in  said  act  required. 
ciauL^^*^'"*^     Sec.  23.  And  he  it  further  enacted,  That  all  acts  and 
parts  Of  acts  heretofore  passed,  which  are  inconsistent 
with  any  of  the  provisions  of  this  act,  are,  for  the  pur- 
poses of  this  act,  hereby  repealed,  so  far  as  the  same  are 
inconsistent  herewith. 
Passed  the  House  of  Representatives  May  8th,  1868. 
Attest:  Edwakd  M'Pherson,  Clerk, 

By  Clinton  Lloyd,  Chief  Clerk 


Passed  as  here  written,  with  the  exception  of  an  amend- 
ment inakmg  the  gauge  of  the  road  same  as  the  Washing- 
ton and  Georgetown  instead  of  the  Baltimore  and  Ohio 
Kailroad,  as  first  drawn. 

Approved,  July  13,  1868. 


Jan.  19, 1872. 


Union  Kailroad  Company. 


Union  Raiirn«H  />  f^  ^{^^ctedhy  the  Legislative  Assemhly  of  the  District  of 
cSSlTnf 'f  Oolumhia,  ThatLe  YisClephane,  Hallet  Rilbourn,  Matthew 

poiitanR.R. Co.)  Henry  A   Willard,  A.  P.  Brown,  Riley  A.  Shinn,  Samuel 
fowler,  Poulus  Thysun,  Thomas  Lewis,  John  C.  Parker, 
Robert  C.  Hevvett,  P.  M.  Plowman,  H.  O.  Hoyt,  and  H.  T. 
Wisewell,  and  their  associates  and  assigns,  are  created 
a  body  corporate,  under  the  name  of  the  ''  Union  Railroad 
Company     with  authority  to  construct  and  lav  down  a 
single  or  double-track  railway,  with  the  necessary  switches 
and  turnouts,  in  the  cities  of  Washington  and  Georgetown, 
Route(ainend-  ?"  ^^^  ^'®^™*  5^  Columbia,  through  and  along  the  follow- 
«>•)  ing  avenues  and  streets:  Commencing  at  the  junction  of 

-fifteenth  street  and  New  York  avenue,  along  Fifteenth 
.street  to  I  street;  along  I  street  to  Connecticut  avenue: 
along  Connecticut  avenue  to  P  street;  along  P  street  to  and 
over  the  bridge  crossing  Rock  creek  at  P  street  to  West 
street,  Georgetown;  along  West  street  to  High  street,  and 
alongHigh  street  to  Second,  Third,  or  Fourth  street;  along 
becond,  Third,  or  fourth  street  to  Fayette  or  Warren 
street,  with  the  privilege  of  passing  through  West  street 
to  Montgomery  street,  through  Montgomery  street  to  Stod- 
dard street,  through  Stoddard  street  to  High  street;  alonor 
High  street  to  Second,  Third,  or  Fourth  street;  alon| 
becond,  Third,  or  Fourth  street  to  Fayette;  along  Fayette 


Fare. 


LAWS   EELATING   TO   STREET-RAILWAY   FRANCHISES.         175 

street  to  its  intersection  with  High  street;  along  High 
street  to  the  northern  boundary-line  of  Georgetown;  also 
with  the  privilege  of  connecting  with  the  Metropolitan  Rail- 
road (by  consent  of  said  Railroad  Company)  at  the  corner 
of  Seventeenth  and  H  streets,  and  running  up  Seventeenth 
to  Connecticut  avenue;  also  a  branch  road,  to  be  con- 
structed and  run  at  the  same  time  and  in  the  same  manner 
as  the  main  road,  commencing  at  the  intersection  of  Nine- 
teenth street  west  and  P  street  north,  and  running  along 
said  P  street  to  Seventh  street  west;  with  the  privilege  of 
extending  said  branch  road  along  P  street  to  North  Capi- 
tol street;  along  North  Capitol  street  and  the  road  leading 
therefrom  to  Glenwood  Cemetery.     And  in  case  the  com- 
pany incorporated  by  this  bill  connect  their  road,  hereby 
authorized,  with  the  Metropolitan  Railroad  at  Seventeenth 
and  H  streets,  they  shall  not  be  compelled  by  any  provi- 
sions of  this  Charter  to  construct  that  portion  of  the  road 
hereby  authorized  between  the  intersection  of  Connecticut 
avenue  and  Seventeenth  street,  and  New  York  avenue  and 
Fifteenth  street;  with  the  right  to  run  public  carriages  on 
the  road  hereby  authorized,  drawn  by  horse  power,  re- 
ceiving therefor  a  rate  of  fare  not  exceeding  five  cents  per 
passenger  for  any  distance  between  the  terminus  of  said 
railroad:  Provided,  That  but  a  single  track  be  laid  on  Fif- 
teenth street,  between  I  street  and  Pennsylvania  avenue. 
Sec.  2.  And  he  it  further  enacted.  That  the  said  road 
shall  be  deemed  real  estate,  and,  together  with  the  other 
real  estate  and  personal  property  ot  said  company,  shall 
be  liable  to  taxation  as  other  real  estate  and  personal 
property,  and  subject  to  license  for  their  vehicles  or  cars 
in  the  cities  aforesaid  the  same  as  other  railroad  companies 
heretofore  organized  for  like  purposes  are. 

Seo.  3.  And  he  it  further  enacted,  That  the  railway  shall 
be  laid  in  the  center  of  the  avenues  and  streets,  unless 
otherwise  directed  bv  the  Board  of  Public  Works,  and 
said  company  shall  conform  to  the  grade  of  the  streets  and 
avenues  in  laying  rails  thereon. 

Sec.  4.  And  he  it  further  enacted,  That  the  company 
shall  be  bound  to  use  the  flat  rail,  similar  to  the  one  now 
used  on  Pennsylvania  Avenue,  to  keep  the  streets  between 
and  for  two  feet  on  either  side  of  its  tracks  paved  and  in 
good  order,  without  expense  to  the  District  of  Columbia, 
subiect  to  the  approval  of  the  Board  of  Public  Works;  and 
nothing  in  this  act  shall  prevent  the  grade  of  any  street  or 
avenue  from  being  altered  by  the  government  of  the  Dis- 
trict of  Columbia  at  any  time,  and,  in  the  event  of  a  change 
of  grade,  the  said  railroad  company  shall  change  their 
track  to  conform  therewith,  at  the  expense  of  said  company. 
Sec.  5.  And  he  it  further  enacted.  That  this  act  may  be 
altered  or  amended  by  the  Legislature  of  the  District  of 
Columbia  at  any  time,  and  the  said  company  is  not  author- 
ized to  issue  any  note,  token,  device,  or  scrip,  or  other 
evidence  of  debt  to  be  used  as  currency. 


Taxation. 


License  for 
cars. 


Conftruction. 


Rails. 


Amendment. 


Cars. 


Schedule. 


rooms 


176        LAW&  BELATING  TO   STREET-RAILWAY   FRANCHISES. 

®'°**-  •    Sec.  6.  And  he  it  further  enacted^  That  the  capital  stock 

of  said  company  shall  not  be  less  than  fifty  thousand  dol- 
lars, nor  more  than  one  hundred  thousand  dollars,  and  shall 
be  divided  into  shares  of  fifty  dollars  each,  and  shall  be 
deemed  personal  property,  transferable  in  such  manner  as 
the  by-laws  of  said  company  may  direct. 

Sec.  7.  A  nd  he  it  further  enacted^  That  the  company  shall 
place  first-class  cars  on  said  railway  for  the  convenience 
and  comfort  of  passengers,  and  shall  run  cars  thereon  dur- 
ing day  hours  as  often  as  every  ten  minutes,  and  during 
night  hours,  until  twelve  o'clock,  as  often  as  twenty  minutes, 
«m8%te''*^"*P^  ^^^^  *^®  company  shall  procure  such  passenger  rooms, 
ticket  offices,  stables,  and  depots,  at  such  points  as  the 
business  of  the  railroad  and  the  convenience  of  the  public 
may  require;  and  the  company  is  hereby  authorized  to  lay 
such  rails  through  transverse  or  other  streets,  not  exceed- 
ing two  squares,  as  may  be  necessary  for  the  exclusive  pur- 

^^^nectingpose  of  connecting  the  said  stables  and  depots  with  the 
mam  tracks,  and  the  said  company  is  hereby  authorized  to 
purchase  or  lease  such  lands  or  buildings  as  may  be  neces- 
^ry  for  the  passenger  rooms,  ticket  offices,  stables,  and 
depots  above  mentioned. 

•  By-laws.  ^ec.  a  And  he  it  further  enacted.  That  the  directors 

shall  have  full  power  to  make  and  prescribe  such  by-law, 
rule,  and  regulation  as  they  shall  deem  needful  and  proper 
touching  the  disposition  and  management  of  the  stock, 
property,  estate,  and  effects  of  the  companv  not  contrary 
to  the  charter,  or  to  the  laws  of  the  United  States  and  the 

fr^^^'*^'' ordinances  of  the  District  of  Columbia:  Provided,  That 
there  shall  be  no  regulation  excluding  any  person  from  any 
car  on  account  of  color. 


8cri?tton.  ^^  Sec.  9.  Andhe  it  further  enacted.  That  the  incorporators 
of  said  road  shall,  within  thirty  days  after  the  passage  of 
this  act,  meet  and  organize,  and  open  and  keep  open  for 
two  weeks  books  of  subscription,  at  some  place  made 
known  by  advertisement  in  at  least  one  daily  paper  pub- 
lished in  the  District  of  Columbia,  to  the  capital  stock  of 
said  company;  and  the  said  company  shall  organize  and 
complete  the  line  of  said  road  within  one  year  from  the 
passage  of  this  act. 

Approved.  January  19,  1872. 


[Obsolete.] 


Jan.  19, 1872.    AN  ACT  To  incorporate  the  Boundary  and  Silver  Spring  Eailwav 

Company  of  the  District  of  Columbia. 

Be  it  enacted  hy  the  Legislative  Assemhly  of  the  District  of 
^^e^^ilt  f^^^'^^^f '  That  Wm.  Bell,  EnosRay,  Sr.,  C.  Osborn,  Abner 
Railway  Com- Shoemaker,  Thcodore  Lay,  F.  Rohrer,  B.  T.  Swart  J  Ford 
^Tab^^b'^by  Thompson,  Lewis  Clephane,  J.  C.  Lewis,  William  Thomp- 
MetKjpoiitan  R.  SOU  M.  Blair  Jno.  B.  Clagett,  J .  H.  McChesney ,  D.  B.  Car- 
penter, M.  G.  Emery,  Jno.  Saul,  O.  O.  Howard,  G.  W. 


Route. 


Motive  power. 


LAWS  RELATING   TO   STREET-RAILWAY   FRANCHISES.        177 

Balloch,  Simon  Wolf,  P.  May,  John  Angerman,  John 
Baker  Smith,  Richard  Wallach,  S.  L.  Phillips,  John  Van 
Riswick,  A.  B.  Olin,  Charles  Stewart,  Henry  Glick,  John 
Widmeyer,   L.  H.  Hall,   Charles  Eble,   Edward  Engles, 
Casper  Kneesi,  Frederick  Hughes,  George  Walker,  Hugo 
Kandler,  Ernest  Schmidt,  Christian  Xander,  G.  Gussler, 
Louis  Byers,  George  Killian,  A.  Spooks,  Jacob  Hasner, 
Charles  Ruppert,  Joseph  Flynn,  Edward  Fordan,  V.  S. 
Moulton,  D.  P.  Hickling,  Ira  Hopkins,  and  S.  H.  Wil- 
liams,  and  their  associates  and   assigns,   be,   and  they 
are  hereby,  created  a  body  corporate,  under  the  name  of 
the  Boundary  and  Silver  Spring  Railway  Company,  with 
authority  to  construct  and  lay  down  a  single  or  double- 
track  railway,  with  the  necessary  switches  and  turnouts, 
in  the  county  of  Washington,  in  the  District  of  Columbia, 
along  the  following  highway:  Commencing  at  the  point  of 
intersection  of  Boundary  street  of  Washington  city  and 
Rockville  Turnpike,  the  same  being  a  continuation  of 
Seventh  street  west  in  the  city  of  Washington,  in  said 
District;  thence  running  northerly  along  the  said  highway 
to  its  intersection  of  boundary  line  of  the  District  of  Co- 
lumbia and  the  State  of  Maryland,  with  the  right  to  run 
public  carriages  or  cars,  to  be  drawn  either  by  steam, 
dummv  engines,  or  horse-power,  receiving  therefor  a  rate 
of  fare  not  exceeding  five  cents  a  passenger  for  transpor- 
tation to  Rock  Creek  Church  road,  ten  cents  a  passenger 
for  transportation  to  Brightwood,  and  fifteen  cents  a  pas- 
senger for  transportation  to  the  boundar}'  of  the  District 
of  Columbia:  Provided,  That  steam  power  shall  not  be 
used  on  the  said  railway  entering  the  city  boundary. 

Sec.  2.  And  he  it  further  enacted.  That  the  said  railway 
shall  be  constructed  in  such  manner  as  will  least  interfere 
with  the  ordinary  travel  of  said  road,  and  subject  to  the 
approval  of  the  Board  of  Public  Works  for  said  District; 
and  the  said  corporation  shall  be  bound  to  keep  said  track, 
and  for  the  space  of  two  feet  beyond  the  outer  rail  thereof, 
and  also  the  space  between  the  tracks,  well  graveled  or 
paved,  and  in  good  order,  without  expense  to  the  District 
of  Columbia,  so  as  not  to  impede  the  general  travel  on  said 
road  by  vehicles  or  otherwise. 

Sec'  3.  And  he  it  further  enacted,  That  nothing  in  this 
act  shall  prevent  the  proper  authorities  from  altering  the 
grade  or  otherwise  improving  said  highway,  and  in  such 
event  it  shall  be  the  duty  of  said  company  to  change  their 
said  railway  so  as  to  conform  to  such  grade;  and  if  at  any 
time  such  grade  shall  be  changed  for  the  benefit  of  said 
railway  company  any  expenses  that  may  be  incurred  by 
property -holders  affected  by  such  change  of  grade  shall  be 
borne  by  the  said  railway  company. 

Sec.  4.  And  he  it  further  enacted.  That  this  act  may  at 
any  time  be  altered,  amended,  or  repealed  by  the  Legisla- 
tive Assembly  of  the  District  of  Columbia,  or  by  the  Con- 
gress of  the  United  States. 

16400—05 12 


Construction. 


Change    of 
grade. 


Amendment. 


178        LAWS   BELATING   TO   STREET-BAIL  WAY   FBANCHISES. 


Stock.  Sbc,  5.  And  he  it  further  enacted^  That  the  capital  stock 

of  said  company  shall  not  be  less  than  fifty  thousand  dol- 
lars, or  more  than  two  hundred  thousand  dollars,  and  the 
stock  shall  be  divided  into  shares  of  twenty-five  dollars 
each,  and  shall  be  deemed  personal  property,  transferable  in 
such  manner  as  the  by-laws  of  said  company  may  direct, 
rooms!  etef  ^^^  S^c.  6.  And  he  it  further  enacted^  That  the  said  company 
shall  provide  such  passenger  rooms,  ticket  oflSce,  stables, 
and  depots  as  the  business  of  the  railroad  and  the  con- 
venience of  the  public  may  require;  and  said  company  is 
authorized  to  lay  such  rails  through  such  other  roads  as 
may  be  necessary  for  the  exclusive  purpose  of  connecting 
'  •  the  said  stables  and  depots  with  the  main  track;  and  the 
said  company  is  hereby  authorized  to  purchase  or  lease 
such  lands  or  buildings  as  may  be  necessary  for  the 
purpose  aforesaid. 

BcriJtSi  **  to^"^     ^^^'  '^'  ^^^  ^^  ^^  further  enacted.  That  within  two  months 
opened.  after  the  passage  of  this  act  the  corporators  named  in  the 

first  section,  or  a  majority  of  them,  or,  if  any  refuse  to  act, 
then  a  majority  of  the  remainder,  shall  cause  books  of  sub- 
scription to  the  capital  stock  of  said  company  to  be  opened, 
and  kept  open,  in  some  convenient  and  accessible  place  or 
places  m  the  city  of  Washington,  for  the  period  of  (to  be 
fixed  by  said  corporation)  not  less  than  two  weeks;  and 
said  corporation  shall  give  public  notice,  by  advertisement 
in  not  less  than  two  daily  papers  published  in  the  city  of 
Washington,  of  the  time  when  and  the  place  where  said 
books  shall  be  opened,  and  subscribers  upon  said  books  to 
the  capital  stock  of  the  company  shall  be  held  to  be  stock- 
holders: Provided,  That  every  subscriber  shall  pay  at  the 
time  of  such  subscribing  twenty-five  per  centum  of  the 
amount  by  him  subscribed  to  the  treasurer  appointed  by 
the  corporators,  or  his  subscription  shall  be  null  and  void. 
If,  at  the  end  of  two  weeks,  a  larger  amount  than  the  capi- 
tal stock  of  said  company  shall  have  been  subscribed,  the 
books  shall  be  closed,  and  the  said  corporators  named  in 
the  first  section  shall  forthwith  proceed  to  apportion  said 
capital  stock  among  the  subscribers  pi'o  rata^  and  make 
public  proclamation  of  the  number  of  shares  allotted  to 
each,  wnich  shall  be  done  and  completed  on  the  same  day 
the  books  are  closed :  Provided^  further^  That  nothing  shall 
be  received  in  paj^ment  of  the  twenty-five  per  centum,  at 
the  time  of  subscribing,  except  money.  And  when  the 
books  of  subscription  of  the  capital  stock  of  said  company 
shall  be  closed,  the  corporators  named  in  the  first  sec- 
tion, or  a  majority  of  them,  7nay  [and]  in  case  any  of  them 
refuse  or  neglect  to  act,  then  a  majority  of  the  remainder 
of^S;kh™wira^  ®^^^^'  within  ten  days  thereafter,  call  the  first  meeting 
of  the  stockholders  of  the  company,  to  meet  within  ten 
days  thereafter,  for  the  choice  of  seven  directors,  of  which 
public  notice  shall  be  given  for  five  days,  in  not  less  than 
two  public  newspapers  published  in  the  city  of  Washington. 
And  in  all  meetings  of  stockholders  each  share  shall  entitle 
the  holder  to  one  vote,  to  be  given  in  person  or  by  proxy. 


LAWS   BELATING   TO   STBEET-EAILWAY   FBANCH1SE8.         179 


Officers. 


By-laws. 


Sec.  8.  And  he  it  further  enacted.  That  the  government  ^^^^^'^^^^^'^t 
and  direction  of  the  affairs  of  the  company  shall  be  vested 
in  a  board  of  directors,  seven  in  number,  who  shall  be  stock- 
holders, and  who  shall  hold  their  office  for  one  year,  and 
until  others  are  duly  elected  and  qualified  to  take  their 
places  as  directors.  And  the  said  directors,  a  majority  of 
them,  the  president  being  one,  shall  constitute  a  quorum, 
shall  elect  one  of  their  number  to  be  president  of  the  board, 
who  shall  also  be  president  of  the  company;  and  they  shall 
also  choose  a  treasurer,  who  shall  file  bonds  with  security 
to  said  company,  in  such  sum  as  the  said  directors  may 
require,  for  the  faithful  discharge  of  their  trust.  In  case 
of  a  vacancy  in  the  board  of  directors  by  death,  resignation, 
or  otherwise,  of  any  director,  the  vacancy  occasioned 
thereby  shall  be  filled  by  the  remaining  directors. 

Sec.  9.  Andhe  it  further  enacted,  That  the  directors  shall 
have  full  power  to  make  and  prescribe  such  by-laws,  rules, 
and  regulations  as  they  shall  deem  needful  and  proper 
respecting  the  disposition  and  management  of  the  stock, 
property,  estate,  and  effects  of  the  company,  not  contrary 
to  this  charter  and  the  laws:  Provided,  That  the  directors 
of  said  corporation  shall  have  power  to  require  the  subscrib- 
ers to  th©  capital  stock  to  pay  the  amount  by  them  respec- 
tively subscribed  at  such  time,  (after  the  first  instalment,) 
in  such  manner  and  in  such  amounts  as  they  may  deem 
proper;  and  if  any  stockholder  shall  refuse  or  neglect  to 
pay  any  instalments,  as  required  by  a  resolution  of  the  board 
of  directors,  after  thirty  days'  notice  of  the  same,  the  said 
board  of  directors  may  sell  at  public  auction,  to  the  highest 
bidder,  so  many  shares  of  his  said  stock  as  shall  pay  said 
instalment,  and  the  highest  bidder  shall  be  taken  to  be  the 
person  who  offers  to  purchase  the  least  number  of  shares 
for  the  assessment  due,  under  such  general  regulations  as 
may  be  adopted  in  the  by-laws  of  said  corporation,  or  said 
body  corporate  may  sue  and  collect  the  same  f  roni  any  de- 
linquent subscriber  in  any  court  of  competent  jurisdiction. 

Sec.  10.  Andheit  farther  enacted.  That  there  shall  be  an  .^Annual  meet- 
annual  meeting  of  the  stockholders  for  choice  of  directors, 
to  be  holden  at  such  time  and  place,  under  such  conditions, 
and  upon  such  notice  as  the  said  company  in  their  by-laws 
may  prescribe;  and  said  directors  shall  annually  make  a 
report  in  writing  of  their  doings  to  the  Legislative  Assem- 
bly of  the  District  of  Columbia. 

Sec.  11.  ^^^J6^^Y/'^r?5A6'?v?iacif€6?,  That  the  said  company  ,JJ^Jy;»««  °' 
shall  have  at  all  times  the  free  and  uninterrupted  use  of 
their  roadway:  Provided,  That  one-half  the  said  road  shall 
be  completed  within  one  year  from  the  passage  of  this  act, 
and  the  entire  road  complete  within  two  years,  in  default 
of  which  this  act  shall  be  made  null  and  void.  rw.,„H««f«.m 

Sec.  12.  And  he  it  further  enacted,That  no  person  shall  Exclusion  irom 
be  prohibited  the  right  of  travel  on  any  part  of  said  road, 
or  ejected  from  the  cars  thereof,  for  any  other  cause  than 
that  of  being  drunk,  disorderly,  unclean,  contagiously  dis- 
eased, refusing  to  pay  the  legal  fare  exacted,  or  to  comply 
with  the  general  regulations  of  the  company. 


cars. 


I 


180        LAWS   EELATING   TO   STREET-RAILWAY   FRANCHISES. 

Btikhoide^^^^SEC.   13.  And  he  it  further  enacted.  That  each  stock- 
holder in  said  company  shall  be  liable  individually  for  all 
the  debts  and  liabilities  of  said  company  to  an  amount 
Ri  ht  to  ex-^^^*^  ^^  ^^  amount  of  stock  held  by  said^^stockholders. 

tend^road  °  ^^" ,  Sec.  14.  And  he  it  furtJi^  enacted.  That,  should  a  ma- 
jority of  the  stockholders  so  elect,  at  any  time  within  two 
years  after  the  passage  of  this  act,  (provided  for  in  sec- 
tion above,)  the  said  company  shall  have  the  right  to 
extend  said  road,  either  with  single  or  double  track,  with 
the  necessary  switches  and  turn-outs,  along  the  Rock 
Creek  Church  road,  until  it  intersects  with  the  Fourteenth 
Street  road;  thence  southerly  to  Boundary  Street;  also 
along  the  new  county  road  which  intersects  Fourteenth 
Street  or  Piney  Branch  road  at  or  near  Brown  Springs; 
thence  along  Fourteenth  Street  road  to  anjd  along  Bound- 
ary Street. 

Approved,  January  19,  1872. 

(Signed)  H.  D.  Cook,  Gov. 

Chas.  S.  Hulse, 
Speaker  H.  of  Delegates. 

Wm.  Stickney, 
President  of  the  Council. 


May  18. 1872.  Legislative,  executive,  and  judicial  appropriation  act,  1873. 


Stats.  17,  p.  84. 


Met.  R.  R.  Co. 


Sec.  12.  That  the  Washington  and  Georgetown  Railroad 

Company  and  the  Metropolitan  Railroad  Company  be,  and 

JcL'^from  ca^J.^*^^^  ^^'^  ^^"^^"^^  required  to  remove  their  tracks,  respec- 

itoi  Grounds,     tivcly,  from  the  Capitol  grounds,  as  hereby  established, 

and  to  run  the  same  as  they  may  he  directed,  from  time  to 

time,  by  the  officer  in  charge  of  the  public  buildings  and 

grounds,  as  the  grading  and  filling  up  of  said  grounds  may 

render  necessary.     That  a  commission,  consisting  of  the 

Secretary  of  the  Interior,  the  chief  engineer  of  the  armv, 

and  the  officer  in  charge  of  public  building  and  grounJs, 

is  hereby  authorized  and  directed  to  examine  and  report 

to  Congress,  prior  to  the  second  Monday  of  December  next, 

a  plan  by  which  the  locomotive  railroad  track  in  front  of 

western  entrance  of  the  Capitol  shall  be  removed,  with  due 

regard  to  the  rights  of  all  parties  concerned,  and  by  which 

proper  connections  with  other  railroads  may  be  made. 

*  *  *  *  * 

Approved,  May  8,  1872. 


March  3, 1875. 


Legislative,  executive,  and  judicial  appropriation  act,  1876. 
Stats.  18.  p.  385.     *    ♦    *    and  further,  that  the  Washington  and  GcorgB- 
Met.  R.  R.  Co.  town  and  the  Metropolitan  Railway  Companies  are  directed 

fckffrom  cao^  ^^  ^^^®  "P  ^"^^^  portious  of  their  tracks  as  may  come  in  the 
^  way  of  the  improvement  of  the  Capitol  Grounds  and  relay 
the  same  as  may  be  directed  by  the  officers  in  charge  of 
the  improvements  of  the  Capitol  Grounds.     *    *    * 
Approved,  March  3,  1875. 


tracks  from  Cap 
Itol  Grounds 


LAWS   RELATING    TO   STREET-RAILWAY    FRANCHISES  181 


District  appropriation  bill,  1891. 

*  *  *  *  .*     . 

Sec.  3.  That  anv  street  railroad  company  in  the  District 
of  Columbia  authorized  to  run  cars  drawn  by  horses,  which 
has  changed  or  may  change  its  motive  power  on  aiiy  of  its 
lines  now  constructed,  to  cable  or  electricity,  or  change  its 
rails  in  accordance  with  the  provisions  of  law,  shall  have 
the  right  to  issue  and  sell,  at  the  market  price  thereof, 
stock  of  said  company  t6  an  amount  necessary  to  cover  the 
cost  of  making  said  changes,  the  cost  of  said  changes  and 
the  amount  of  said  stock  sold,  together  with  the  price  p-r 
share,  to  be  fully  set  forth,  under  the  oath  of  the  President 
of  said  Company,  and  filed  with  the  Commissioners  of  the 
District.    And  anv  company  availing  itse  f  of  the  privileges 
herein  granted  shall  within  two  years,  wholly  dispense 
with  horses  as  motive  power  on  all  portions  of  its  line  and 
substitute  therefor  the  power  provided  for  in  the  act  making 
appropriations  for  the  expenses  of  the  District  of  Colum- 
bia, approved  March  second,  eighteen  hundred  and  eighty- 
nine,  or  pneumatic  or  other  modern  motive  power  which 
shall  be  approved  by  the  Commissioners  of  the  District  of 
Columbia,  but  nothing  in  this  act  contained  shall  in  anywise 
authorize  the  use  of  overhead  appliances:  Provided.,  That 
if  any  such  company  operating  a  line  or  lines  of  street  rail- 
road from  Georgetown  or  West  Washington  to  and  beyond 
the  Capitol  grounds  shall  fail  to  substitute  for  horse  power 
the  power  herein  provided  for  on  all  its  lines  within  two 
years  from  the  date  of  this  act,  such  company  shall  forfeit 
its  corporate  franchise. 
Approved,  August  6,  1890. 


August  6. 1890. 
Stat««.26,p.310, 

Met.  R.  R.  Co. 


Change  of  mo- 
tive  power. 


Increase  of 
stock. 


Horses    to    be 
dispensed  with. 


Motive  power. 


No     overhead 
wires. 


Forfeiture 
clause. 

Time  (extend- 
ed). 


Deficiency  act,  1891. 


March  3,  1891. 
Stats.  26,  p.  870. 


And  the  Metropolitan  Railroad  Company  of  the  District    ^et.  r.  r.  co. 
of  Columbia  shall  pay  to  the  District  of  Columbia  within 
eighteen  months  from  the  approval  of  this  act  the  full 
amount  of  the  judgment  that  was  rendered  against  the  said 
company  by  the  supreme  court  of  the  District  of  Colum- 
bia at  the  suit  of  the  said  district,  in  cause  numbered 
twenty-two  thousand  four  hundred  and  fifty-eight,  at  law, 
on  the  dockets  of  said  court,  with  the  costs  of  said  cause 
and  interest  on  said  amount  from  the  date  said  judgment  .^5|ySf^°*  « 
was  rendered  until  paid,  and  that  upon  the  failure  of  the 
said  company  so  to  pay  said  amount,  costs,  and  interest 
within  the  time  aforesaid  the  charter  of  said  company 
shall  become  forfeit,  and  all  its  rights,  privileges,  and 
franchises  as  a  body  corporate  shall  cease  and  determine. 
***** 

Approved,  March  3,  1891. 


' 


I 

I 


182        LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


July  22,  1892. 


Joint  resolution. 


New  carp 


Stats.  27,  p.  399.         rt       j      j  r 

Mesolyed  by  the  Senate  and  House  of  Representatives  of 
Met.  R.  R.  Co.  ^^^  United  IStates  of  America  in  Congress  assembled^  That 
f oV^chang?^  fb^  ti"^6  within  which  th^  street  railroad  companies  avail- 
motive  power,    ing  themselves  of  the  privileges  granted  by  the  act  making 
appropriations  to  provide  for  the  government  of  the  Dis- 
trict of  Columbia,  and  approved  August  sixth,  eighteen 
hundred  and  ninety,  so  far  as  it  extends  to  the  Metropoli- 
tan Railroad,  is  hereby  extended  for  one  year  from  the 
date  of  the  passage  of  this  act:  Provided,  That  so  fast  as 
the  cars  now  building  are  equipped  with  storage  batteries 
Cars  shall  ^^  ^^^J  ^^^^l  j^®  placed  on  the  road:  And  provided  further, 
kept"  in  *  good  That  pending  the  change  the  present  equipment  of  the 
condition.         road  shall  be  put,  and  kept  and  maintained  in  good  condi- 
tion; and  any  failure  to  comply  with  any  of  the  foregoing 
requirements  as  to  equipment  shall  rencler  the  said  Metro- 
politan Railway  Company  liable  to  a  fine  of  not  exceeding 
twenty-five  dollars  for  each  day  so  in  default,  to  be  recov- 
ered by  the  Commissioners  of  the  District  of  Columbia,  as 
other  tines  are  recovered  in  the  District  of  Columbia. 

Sec.  2.  Congress  reserves  the  right  to  alter,  amend  or 
repeal  this  act. 

Approved,  July  22,  1892. 


Amendment. 


July  28, 1892. 
Stats.  27,  p.  290. 


Deficiency  bill,  1892. 


re^llred  ■  t^'  ^rt  ^^^"^  ^^^  Metropolitan  Railroad  Company  is  hereby 
Erid  e^vlrR^Jk^^^"^^^^  ^^  repair  the  bridge  across  Rock  Creek  at  r 
creel!^^^"^  "^  street,  in  the  District  of  Columbia,  at  a  cost  of  not  exceed- 
ing fifteen  thousand  dollars.  Said  repairs  to  make  the 
bridge  sufliciently  strong  to  allow  the  passage  of  storage- 
battery  cars  of  the  said  company,  and  to  be  made  under 
the  direction  of  the  Engineer  Commissioner  of  the  District 
of  Columbia,  and  in  accordance  with  plans  and  specifica- 
tions prepared  by  him. 

♦  *  »  ♦  » 

Approved,  July  28,  1892. 


August  2, 1894.  AN  ACT  To  authorize  the  Metropolitan  Railroad  Company  to  change 
stats.  28,  p.  217.      ^^  motive  power  for  the  propulsion  of  the  cars  of  said  company. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 

charter^'amend^  ^f^^^  United  States  of  America  in  Congress  assembled,  That 

ed.  the  Metropolitan  Railroad  Company,  incorporated  under 

the  Act  of  Congress  approved  the  first  day  of  July,  anno 

Domini  eighteen  hundred  and  sixty-four,  be,  and  the  same 

provK."  ^'^  *^  ^s  hereby,  required  to  cease  to  use  on  its  lines  running  east 

and  west  each  and  every  closed  car  that  has  been  in  use  on 

any  of  its  lines  for  three  years  or  more,  and  shall  substitute 

therefor  new  cars  of  the  most  approved  pattern.     Failuie 


LAWS    RELATING   TO   STEEET-BAILWAY   FRANCHISES.         183 

to  comply  with  the  provisions  of  this  section  within  ninety 
days  from  the  approval  of  this  Act  shall  subject  the  said 
companv  to  a  fine  of  twenty-five  dollars  for  each  and  every 
day  during  which  the  company  neglects  or  refuses  to  make 
the  substitution  of  new  cars  as  herein  specified,  which  fine 
may  be  recovered  by  the  Commissioners  of  the  District  of 
Columbia  in  any  court  of  competent  jurisdiction. 

Sec.  2.  That  the  said  Metropolitan  Railroad  Company  tive  *XS  ™i2: 
be,  and  the  same  is  hereby,  authorized,  empowered,  andquirei 
required  to  equip  and  operate  the  lines  of  its  cars  upon 
and  along  all  the  streets  and  avenues  of  the  cities  of  Wash- 
ington and  Georgetown,  within  the  District  of  Columbia, 
where  the  lines  of  its  road  or  any  part  thereof  are  now  laid 
and  operated,  and  as  hereinafter  provided,  with  an  under- 
ground electric  system  for  propulsion  of  such  cars:  Pro- 
vided, That  the  change  to  an  underground  system  shall  be 
completed  upon  its  north  and  south  line  within  one  year 
and  upon  its  east  and  west  line  within  two  years  after  the 
approval  of  this  Act:  Provided  there  shall  be  completed  ^Extension  of 
an  extension  thereof  on  East  Capitol  street  from  Ninth 
street  east  to  Fifteenth  street  east,  around  both  sides  of 
Lincoln  Square,  and  also. an  extension  from  Ninth  street 
west  northwesterly  on  Florida  avenue  to  Tenth  street  west. 
And  in  default  of  such  completions  all  Acts  or  parts  of 
Acts  chartering  or  extending  the  said  road  are  hereby 
lealed. 


Time. 


re 


Bonds. 


Case  of  D.  C.  vs. 
Met.  Co.  referred 


...EC.  3.  That  the  said  company  is  hereby  authorized  and 
empowered  to  issue  its  bonds,  secured  by  a  mortgage  on  its 
franchises  and  other  property,  to  such  amount  as  may  be 
necessary  to  pay  the  cost  of  the  work  to  be  done  and  of  the 
materials  required  and  the  expenses  incident  to  the  change 
to  be  made  as  provided  in  this  Act,  but  not  in  excess  of 
such  cost.  And  said  bonds  shall  not  be  sold  or  disposed 
of  at  less  than  their  face  or  par  value. 

Sec.  4.  That  a  transcript  of  the  record  of  the  case  of  the  ^^^  ^^  ^^,^,,^ 
District  of  Columbia  against  the  Metropolitan  Railroad  to  court  of  ap- 
Company  of  the  District  of  Columbia,  at  law  Numbered  ^^^ 
Twenty -two  thousand  four  hundred  and  fifty-eight,  in  the 
Supreme  Court  of  the  District  of  Columbia,  together  with 
the  original  papers  and  record  entries  therein,  duly  certi- 
fied, shall,  by  appropriate  orders  duly  entered  of  record,  be 
transferred  and  delivered  to  the  Court  of  Appeals  of  the 
District  of  Columbia,  which  said  Court  of  Appeals  is  hereby 
vested  with  original  authority  and  jurisdiction  to  hear  and 
determine  said  case  without  a  jury  upon  the  pleas  and 
issues  and  proofs  therein  other  than  the  pleas  and  issues 
relating  to  the  statute  of  limitation  or  plea  of  failure  of 
notice  to  said  company  of  any  act  required  of  it,  and  to  de- 
termine from  and  upon  said  record  and  pleadings  and  proofs 
therein  contained,  and  such  other  proof  in  the  course  of 
said  hearing  as  said  court  may  determine  to  be  necessary  in 
order  to  dispose  of  the  case  upon  its  merits,  what,  if  any, 
indebtedness  is  due  to  the  District  of  Columbia  from  the 
said  railroad  company  in  respect  of  the  cause  of  action 


i 


184        LAWS   BELATING    TO   STREET-RAILWAY   FRANCHISES. 

•stated  in  the  declamtions  filed  in  said  case,  assuming  that 
due  and  proper  notice  has  been  given  to  said  company  of 
all  acts  reauired  in  the  premises,  and  to  enter  judgment 
agamst  said  company  in  favor  of  the  District  of  Columbia 
for  any  sum  or  sums  of  money  that  said  Court  of  Appeals 
shall  hnd  due  from  said  company  in  respect  of  said  cause 
ot  action,  for  the  amount  of  which  said  judgment  execu- 
tion may  issue  out  of  said  court,  and  said  judgment  shall 
immediately  become  a  lien  upon  all  the  property  of  said 
company,  to  be  enforced  in  the  manner  now  provided  by 
law  for  the  enforcement  of  other  liens,  and  shall  be  paid 
withm  ninety  days  from  the  date  thereof:  Provided,  That 
unless  said  company  shall  file  in  said  Court  of  Appeals  its 
consent  m  writing  to  the  aforesaid  transfer  of  the  said 
^se,  and  also  a  waiver  of  all  its  rights  and  defenses  under 
the  statute  of  limitation  and  from  want  of  notice  as  here- 
inbefore provided  for,  and  also  a  waiver  of  all  rights,  bene- 
hts,  advantages,  and  defenses  that  it  has  or  may  have  by 
reason  of  the  decision  and  judgment  of  the  Supreme  Court 
ot  the  United  States  made  and  entered  in  said  case  within 
thirty  days  after  the  approval  of  this  Act,  then  all  rights 
granted  to  said  company  by  this  Act  shall  cease  and  be 
determined:  Provided,  That  the  judgment  of  the  said  Court 
of  Appeals  shall  be  final  and  that  there  shall  be  no  appeal 
t\i^^^\Yom'.  And  provided  further.  That  the  cost  of  said 
transfer  and  of  the  hearing  of  said  ca^e  in  the  Court  of 

Transfer  ar- ^?P^^^1  ^H?;"  ^^ ?^^^^^'  ^^^^  r^^X^O^^  Company. 

rangementswith^  ^EC.  5.  ihat  the  Metropolitan  Railroad  Comoanv  is 
conneaxng  lines  hereby  authorized  and  required  immediately  to  nmke 
reciprocal  transfer  arrangements  with  street  railroad  com- 
panies whose  lines  now  connect  with  its  lines,  and  to  fur-  ' 
nish  such  facilities  therefor  as  the  public  convenience  may 
require.  Upon  the  completion  of  the  underground  electric 
system  provided  for  in  this  Act  the  said  Metropolitan  Rail- 
road  Company  is  hereby  further  authorized  and  required  to 
trackil!^'^'*^6n*^^intoreciprocaltrackagearrangementswit 

roads.     Ihe  schedules  and  compensation  shall  be  mutually 
agreed  upon  between  the  said  Metropolitan  Railroad  Com- 
pany and  the  companies  with  whose  lines  its  lines  connect- 
and  m  any  case  of  failure  to  reach  such  mutual  agreement 
the  matters  m  dispute  shall  be  determined  by  the  supreme 
court  of  the  District  of  Columbia,  upon  petition  filed  by 
either  party:  Provided,  That  every  street  railway  company 
in  the  District  of  Columbia  whose  lines  connect,  or  whose 
lines  may  hereafter  connect,  with  the  lines  of  any  other  street 
railway  company,  is  hereby  subjected  to  the  same  require- 
ments as  to  transfers  and  trackage  arrangements,  and  upon 
^TIC^^^.^^"^^'  as  in  this  section  provided  in  the  case 
of  the  Metropobtan  Railroad  Company  and  the  lines  con- 
necting therewith. 
^Tax  on  horse     Sec.  6.  That  ou  and  after  one  year  from  the  approval  of 
this  Act  the  Metropolitan  Railway  Company  shall  pay  to 
the  District  of  Columbia,  in  addition  to  all  other  taxes  now 
required  to  be  paid  by  said  company,  an  annual  tax  of  ^\^ 


LAWS    RELATING   TO   STREET-RAILWAY   FRANCHISES.         185 

hundred  dollars  for  each  and  every  car  operated  by  horses 
on  that  portion  of  its  lines  known  as  the  Ninth  Street  line; 
and  on  and  after  two  years  from  the  approval  of  this  Act 
the  said  railway  company  shall  pay,  in  addition  to  all  other 
taxes  now  required  to  be  paid  by  said  company,  an  annual 
tax  of  five  hundred  dollars  for  each  and  every  car  operated 
by  horses  on  any  line  owned  or  controlled  by  the  said  com- 
pany. .       li.  J      Amendment. 

Sec.  7.  That  Congress  reserves  the  power  to  alter,  amend, 
or  repeal  this  Act. 
Approved,  August  2,  1894. 


Feb.  26, 1895. 
Stats.  28,  p.  682. 


Commissioners 
D.   C.  to  locate 


AN  ACT  To  amend  the  charter  of  the  Metropolitan  Railroad  Com- 
pany of  the  District  of  Columbia. 

Be  it  enacted  hy  the  Senate  and  House  of  Bepresentatives 
of  the  United  States  of  America  in  Congress  assembled,  ^^^t  ^^fvSZcT, 
the  charter  of  the  Metropolitan  Railroad  Company  of  the  charter  amend- 
District  of  Columbia  be,  and  the  same  is  hereby,  amended    Extension   of 
so  as  to  authorize  and  require  the  said  company  to  lay  '^^^^  ^^^y^^- 
down   from  the  intersection  of  Four-and-a-half  and  L 
streets,  southwest,  along  Four-and-a-half  street  to  P  street 
south,  a  single  track  of  underground  electric  road  for  the 
propulsion  of  its  cars,  thence  west  along  P  street  with  said 
single  track  to  Water  street,  thence  northwesterly  along 
Water  street  >yith  said  single  track  to  L  street,  thence  east 
along  L  street  with  said  single  track  to  its  double  tracks  at 
the  intersection  of  Four-and-a-half  and  L  streets,  south- 
west, and  thence  north  by  said  company's  double  tracks  as 
now  located  into  its  depot  on  Seventh  street  extended. 

Sec.  2.  That  the  Commissioners  of  the  District  of  Colum 
bia  shall  locate  the  said  track  on  Four-and-a-half,  P,  Water,  t''^^^^ 
and  L  streets  so  as  best  to  subserve  the  public  convenience, 
and  may  in  their  discretion  locate  the  same  on  Water  street 
for  such  distance  as  they  may  deem  best  on  the  east  track 
of  the  Belt  Line  Railway  Company,  so  that  the  two  com- 
panies may  mutually  and  profitably  use  the  space  of  street   ^^  ^^         ^^ 
occupied  by  the  said  east  track.     The  said  Belt  Line  Rail-  Beit  Ry.  %  Met. 
way  Company  and  the  Metropolitan  Railroad  Company  shall  ^^  • 
each  have  the  right  to  apply  to  the  supreme  court  of  the  Dis- 
trict of  Columbia  to  fix  a  just  and  equitable  compensation 
for  any  rights  which  may  be  affected  by  this  law,  and  said 
court  shall  have  power  to  issue  execution  to  enforce  its 

judgment.  .        Extension     of 

Sec.  3.  That  the  said  Metropolitan  Railroad  Company  is  route  in  oeorge- 
hereby  authorized  and  required  to  lay  down  and  continue  town, 
its  underground  electric  construction  of  single  track  from 
the  intersection  of  P  and  Thirty -fifth  streets,  northwest, 
thence  running  west  along  P  street  to  Thirty-sixth  street, 
thence  south  on  Thirty-sixth  street  to  Prospect  avenue, 
thence  east  on  Prospect  avenue  to  Thirty-fifth  street,  thence 
north  on  Thirty-fifth  street  to  O  street,  thence  east  con- 
tinuing its  route  as  now  located. 


Ill 


186        LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


Number  of  di- 
rectors  In- 
creased. 


tickets. 


Sec.  4.  That  the  number  of  directors  of  said  company 
shall  be  mcreased  from  seven  to  nine  members. 

Sec.  5.  That  the  Brightwood  Railway  Company,  the 
Kock  Creek  Railway  Company,  and  the  Georgetown  and 
Tennallytown  Railroad  Company  be,  and  they  are  hereby 
sai^of  coupon  respectively,  authorized  and  required  to  sell  four  coupon 
tickets  for  twenty-five  cents,  good  for  one  continuous  ride 
m  the  District  of  Columbia  over  the  lines  of  said  companies 
respectively,  and  the  lines  of  the  Metropolitan  Railroad 
Company,  and  the  said  suburban  roads  shall  redeem  the 
tickets  collected  by  the  Metropolitan  Railroad  Company,  at 
the  rate  of  two  and  one-half  cents  for  each  coupon  ticket 
presented  by  the  said  Metropolitan  Railroad  Company. 
Any  of  the  aforesaid  railroad  companies  which  shall  refuse 
to  make  sale  of  tickets  or  to  accept  tickets  so  sold  as  herein 
provided  for,  shall  be  liable  to  a  fine  of  fifty  dollars  for 
each  such  violation,  to  be  recovered  in  the  police  court 
(^  the  District  of  Columbia  as  other  fines  are  recovered: 
Provided,  That  the  proceeding  for  the  collection  of  such 
penalty  shall  be  commenced  within  thirty  days  from  the 
date  of  the  alleged  refusal.     The  supreme  court  of  the 
District  of  Columbia  shall  have,  and  it  is  hereby  given 
authority  and  jurisdiction  to  enforce  the  requirements  and 
provisions  of  this  section  in  respect  of  the  sale  of  tickets 
on  the  petition  of  either  of  the  aforesaid  railroad  compa- 
e/atfor  wu^  P^f  or  any  citizen  of  the  District  of  Columbia.    And  power 
Eock  creek  Ry.  IS  hereby  given  to  the  Metropolitan  Railroad  Company  and 
the  Rock  Creek  Railway  Company  to  contract  with  each 
other  for  the  purchase,  sale,  lease,  or  joint  operation  of  the 
line  of  said  Rock  Creek  Railway  Company  on  Florida  ave- 
nue and  U  street,  or  any  part  thereof. 

Sec.  6.  That  this  Act  shall  take  effect  in  thirty  days 
after  its  passage. 

Approved,  February  26,  1895. 


Feb.  27. 1897.    AN  ACT  To  authorize  the  extension  of  the  lines  of  the  Metropolitan 

Kailroad  Company,  of  the  District  of  Columbia. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  states  of Americain  Congress  assemUed,  That 
the  Metropolitan  Railroad  Company  be,  and  it  is  hereby 
authorized  and  required  within  six  months  from  the  date 
of  the  approval  of  this  Act  to  extend  the  lines  of  its  under- 
ground electric  railroad  from  the  intersection  of  Connecti- 
ex^lSSS!*'"^''j^"*^n^.^l«rida  avenues  northward  along  Columbia  road 
to  a  i)omt  on  the  west  line  of  Eighteenth  street  extended: 
Provided  That  the  said  company  is  hereby  authorized  to 
issue  and  sell  such  an  amount  of  its  capital  stock  as  will 
at  the  market  value  thereof,  cover  the  cost  of  construction 
and  equipment  of  the  extension  herein  provided  for. 
Approved,  February  27,  1897. 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES.         187 

AN  ACT  Authorizing  and  requiring  the  Metropolitan  Railroad  Com-    Ji^ee.  im 
pany  to  extend  its  lines  on  old  Sixteenth  street. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That 
the  Metropolitan  Railroad  Company  of  the  District  of 
Columbia  be,  and  the  same  is  hereby,  authorized    and 
required  to  extend  by  double  tracks  the  lines  of  its  under- 
ground electric  railroad  from  its  present  terminus  at  the 
intersection  of  Eighteenth  street  and  Columbia  road  east- 
erly along  Columbia  road  to  the  present  Sixteenth  sti-eet  ^^f  ^^^^^"entS 
northwest,  thence  north  along  Sixteenth  street  to  Fark  street. 
street:  Provided,  That  no  cars  shall  be  switched  m  the   bwxtcMng. 
streets  after  the  expiration  of  two  years  from  the  passage 

^  Sec!  2.''That  before  such  extension  shall  be  constructed  ^Columbia  road 
Columbia  road  shall  be  widened  to  a  width  of  one  hun- 
dred feet,  the  present  Sixteenth  street  shall  be  widened 
to  a  width  of  eighty-five  feet  from  Columbia  road  to  Park 
street,  and  in  such  widening  the  building  restriction  line 
on  the  eastern  side  of  said  street  shall  be  taken  as  far  as 
practicable  to  form  the  eastern  side  of  said  street  when 
widened;  and  also  sufficient  land  shall  be  acquired  at  the 
northwesterly  corner  of  Columbia  road  and  Sixteenth 
street  so  as  to  allow  the  street-railway  tracks  to  be  laid 
wholly  without  the  roadway  of  Sixteenth  street  as  extended 
according  to  the  highway  extension  plans;  all  in  accord-    ^^^^ 
ance  with  plans  to  be  prepared  by  the  Commissioners  of 
the  District  of  Columbia;  and  the  said  Commissioners  ^commj^io^^^^ 
shall  institute  in  the  supreme  court  of  the  District  ot  to  extend  six- 
Columbia,  sitting  as  a  district  court,  by  petition,  particu- Sf^  ^.  ^ 
larly  describing  the  lands  to  be  taken,  a  proceeding  in 
rem  to  condemn  the  land  that  may  be  necessary  for  the 
extension  of  Columbia  road  and  the  present  Sixteenth 
street  as  herein  provided,  with  a  width  of  one  hundred 
feet:  Provided,  That  the  said  Commissioners  are  author- 
ized and  empowered  to  locate  the  lines  of  the  railroad  of 
said  company  within  the  area  so  to  be  acquired  as  afore- 
said:   And  movided  further,  That  the  operation  of  the  ^oper^tion^.^of 
cars  of  the  Metropolitan    Railroad  within  the  ^aP^ol  Grounds^^to^^.be 
grounds  shall  be  under  the  control  of  the  Architect  or  tae  tenaent  of  capi- 
Capitol:  And  provided  further.  That  no  tracks  shall  betoi^^  ^^^^^^  ^„ 
laid  on  any  portion  of  the  roadway  of  Sixteenth  street  asne^^  sixteenth 
extended  according  to  the  highway  extension  plans. 

Sec.  3.  That  the  extensions  of  the  lines  of  the  Metro- 
politan Railroad  Company  herein  provided  for  shall  be 
completed  and  put  in  operation  within  one  year  f ronri  the  ^^ijme  of  com- 
date  of  the  widening  of  said  highways  as  herein  provided, 
and  said  Company  shall  deposit  with  the  collector  of  taxes  Deposits. 
of  the  District  of  Columbia  such  sums  as  are  necessary  t6 
pay  the  cost  of  inspection  of  said  work. 

Sec.  4.  That  of  the  amount  found  to  be  due  and  awarded 
as  damages  for  and  in  respect  of  the  land  condemned  for   Damages. 
the  extension  of  Columbia  road  and  the  present  Sixteenth 


I 


188        LAWS    RELATING    TO    STREKT-RATLWAY    FRANCHISES. 


Portion  to  be 
paid  by  railroad 
company. 


Assessment  of 
benefits. 


Commissioners 
given  power  to 
reject  award. 


Condemnation 
proceedings. 


street,  as   herein   provided,  such   proportional   amounts 
thereof  as  the  ]ury  hereinafter  provided  shall  determine 
shall  be  assessed  by  said  jury  as  benfits,  and  to  the  extent 
of  such  benefits,  against  respectively  the   Metropolitan 
street  Kailroad  Company,  and  collected  as  special  assess- 
ments are  collected,  and  against  those  pieces  or  parcels  of 
land  on  each  side  of  said  Columbia  road  and  the  present 
Sixteenth  street  northwest  along  those  portions  of  said 
streets  that  are  to  be  widened,  and  also  on  any  or  all  pieces 
or  parcels  of  land  which  will  be  benefited  by  the  extension 
of  said  Columbia  road  and  the  present  Sixteenth  street 
northwest  as  said  jury  mav  find  said  pieces  or  parcels  of 
land  will  be  benefited;  and  in  determining  the  amounts  to 
be  assessed  against  said  pieces  or  parcels  of  land  the  jury 
shall  take  into  consideration  the  respective  situations  of 
such  pieces  or  parcels  of  land  and  the  benefits  they  may 
severally  receive  from  the  extension  of  Columbia  road  as 
aforesaid:  Provided,  That  if  the  aggregate  amount  of  the 
benefits  to  be  assessed  against  those  pieces  or  parcels  of 
land  on  each  side  of  said  Columbia  road  and  the  present 
Sixteenth  street  northwest  along  those  portions  of  said 
streets  that  are  to  be  widened,  and  also  on  any  or  all  pieces 
or  parcels  of  land  which  will  be  benefited  by  the  extension 
of  said  Columbia  road  and  the  present  Sixteenth  street 
northwest  as  said  jury  may  find  said  pieces  or  parcels  of 
Jand  will  be  benefited,  as  determined  by  said  jury  pursu- 
ant to  the  provisions  hereof,  is  less  than  one-half  of  the 
amount  of  the  damages  awarded  for  and  in  respect  of  the 
land  condemned,  the  Commissioners  of  the  District  of 
Columbia  may  in  their  discretion,  within  thirtvdays  after 
the  tiling  of  said  award,  reject  the  award  and  "^assessment 
of  said  jury,  and  all  proceedings  hereunder  shall  be  null 
and  void. 

Sec.  5.  That  the  said  court  shall  cause  public  notice  of 
not  less  than  ten  days  to  be  given  of  the  filing  of  said  pro- 
ceedings, by  advertisement  in  such  manner  as  the  court 
shall  prescribe,  which  notice  shall  warn  all  persons  having 
any  interest  m  the  proceedings  to  attend  court  at  a  day 
to  be  named  in  said  notice  and  to  continue  in  attendance 
until  the  court  shall  have  made  its  final  order  ratifying 
and  confirming  the  award  of  damages  and  assessment  of 
benefats  of  the  jury;  and  in  addition  to  such  public  notice 
said  court,  whenever  in  its  judgment  it  is  practicable  to 
do  so,  may  cause  a  copy  of  said  notice  to  be  served  bv 
the  marshal  of  the  District  of  Columbia,  or  his  deputies 
upon  such  owners  of  the  land  to  be  condemned  as  may  be 
found  by  said  marshal,  or  his  deputies,  within  the  District 
of  Columbia. 

Sec.  6.  That  after  the  return  of  the  marshal  and  the 
hling  of  proof  of  publication  of  the  notice  provided  for 
m  the  preceding  section,  said  court  shall  cause  a  jury  of 
seven  judicious,  disinterested  men,  not  related  to  any  per- 
son interested  m  the  proceedings,  and  not  in  the  service 
or  employment  of  the  District  of  Columbia  or  of  the 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES.         189 

United  States,  to  be  summoned  by  the  marshal  of  the 
District  of  Columbia,  to  which  jurors  said  court  shall 
administer  an  oath  or  affirmation  that  they  are  not  inter- 
ested in  any  manner  in  the  land  to  be  condemned  nor  are    condemnation 
in  any  way  related  to  the  parties  interested  therein,  and  p'^^^'^*^*^- 
that  they  will,  without  favor  or  partiality,  to  the  best  of 
their  judgment,  assess  the  damages  each  owner  of  land 
taken  may  sustain  bv  reason  of  the  extension  of  said  street 
and  the  condemnation  of  lands  for  the  purposes  of  such 
extension,  and  assess  the  benefits  resulting  therefrom  as 
hereinbefore  provided.     The  court,  before  accepting  the 
jury,  shall  hear  any  objections  that  may  be  made  to  any 
member  thereof,  and  shall  have  full  power  to  decide  upon 
all  such  objections,  and  to  excuse  any  juror  or  cause  any 
vacancy  in  the  jury,  when  empaneled,  to  be  filled;  and 
after  said  jury  shall  have  been  organized  and  shall  have 
viewed  the  premises,  said  jury  shall  proceed,  in  the  pres- 
ence of  the  court,  if  the  court  shall  so  direct,  or  otherwise 
as  the  court  may  direct,  to  hear  and  receive  such  evidence 
as  may  be  offered  or  submitted  on  behalf  of  the  District 
of  Columbia  and  by  any  person  or  persons  haying  any 
interest  in  the  proceedings  for  the  extension  of  said  street. 
When  the  hearing  is  concluded  the  jury,  or  a  majority  of 
them,  shall  return  to  said  court,  in  writing,  its  verdict  of 
the  amount  to  be  found  due  and  payable  as  damages  sus- 
tained by  reason  of  the  extension  of  said  street  under  the 
provisions  thereof,  and  of  the  pieces  or  parcels  of  land 
benefited  by  such  extension  and  the  amount  of  the  assess- 
ment for  such  benefits  against  the  same. 

Sec.  7.  That  if  the  use  of  a  part  only  of  any  piece  or 
parcel  of  ground  shall  be  condemned,  the  jury,  in  deter- 
mining its  value,  shall  not  take  into  consideration  any 
benefits  that  may  accrue  to  the  remainder  thereof  from 
the  extension  of  said  street  or  highway,  but  such  benefits 
shall  be  considered  in  determining  what  assessment  shall 
be  made  on  or  against  such  part  of  such  piece  or  parcel  of 
land  as  may  not  be  taken  as  hereinbefore  provided. 

Sec.  8.  That  the  court  shall  have  power  to  hear  and 
determine  any  objections  which  may  be  filed  to  said  verdict 
or  award,  and  to  set  aside  and  vacate  the  same,  in  whole 
or  in  part,  when  satisfied  that  it  is  unjust  or  unreasonable, 
and  in  such  event  a  new  jury  shall  be  summoned,  who  shall 

Eroceed  to  assess  the  damages  or  benefits,  as  the  case  may 
e,  in  respect  of  the  land  as  to  which  the  verdict  may  be 
vacated,  as  in  the  case  of  the  first  jury:  Provided,  That  if 
vacated  in  part,  the  residue  of  the  verdict  and  award  as  to 
the  land  condemned  or  assessed  shall  not  be  affected  tjiereby: 
And  provided  further,  That  the  exceptions  or  objections 
to  the  verdict  and  award  shall  be  filed  within  thirty  days 
after  the  return  of  such  verdict  and  award. 

Sec.  9.  That  when  the  verdict  of  such  jury  shall  have 
been  finally  ratified  and  confirmed  by  the  court,  as  herein 
provided,  the  amounts  of  money  awarded  and  adjudged 


190 


LAWS   EELATING   TO   STREET-RAILWAY    FRANCHISES. 


Lien. 


V|; 


.to  be  payable  for  lands  taken  under  the  provisions  hereof 
shall  be  paid  to  the  owners  of  said  land  by  the  Treasurer 
ot  the  United  States,  ex  officio  commissioner  of  the  sinking 
fund  of  the  District  of  Columbia,  upon  the  warrant  of  the 
Commissioners  of  said  District,  out  of  the  revenues  of  the 
District  of  Columbia;  and  a  sufficient  sum  to  pav  the 
amounts  of  said  judgments  and  awards  is  hereby  appro- 
priated out  of  the  revenues  of  the  District  of  Columbia. 

feEc.  10.  That  when  confirmed  by  the  court  the  several 
assessments  herein  provided  to  be  made  shall  severally  be 
a  hen  upon  the  lana  assessed,  and  shall  be  collected  as 
special  improvement  taxes  in  the  District  of  Columbia 
and  shall  be  payable  in  four  equal  annual  installments! 
with  interest  at  the  rate  of  four  per  centum  per  annum 
f  roih  the  date  of  confirmation  until  paid.     That  said  court 
may  allow  amendments  in  form  or  substance  in  any  peti- 
tion, process,  record,  or  proceeding,  or  in  the  description 
of  property  proposed  to  be  taken,  or  of  property  assessed 
tor  benefits  whenever  such  amendments  will  not  interfere 
with  the  substantial  rights  of  the  parties  interested,  and 
any  such  amendment  may  be  made  after  as  well  as  before 
the  order  or  judgment  confirming  the  verdict  or  award 
aforesaid. 

Sec.  11  That  each  juror  shall  receive  as  compensation 
the  sum  of  ^ve  dollars  per  day  for  his  services  during  the 
time  he  shall  be  actually  engaged  in  such  services  under 
the  provisions  hereof. 
Appropriation.  Sec.  12.  That  the  sum  of  three  hundred  dollars  is  hereby 
appropriated,  out  of  the  revenues  of  the  District  of  Colum- 
bia, to  provide  the  necessary  funds  for  the  costs  and  ex- 
penses of  the  condemnation  proceedings  taken  pursuant 
nereco. 

Sec.  13.  That  no  appeal  by  any  interested  party  from 
the  decision  of  the  supreme  court  of  the  District  of  Colum- 
bia confarmmg  the  assessment  or  assessments  for  benefits 
or  damages  herein  provided  for,  nor  any  other  proceedings 
at  law  or  in  equity  by  such  party  against  the  confirmation 
of  such  assessment  or  assessments,  shall  delay  or  prevent 
the  payment  of  the  award  to  others  in  respect  to  the  prop- 
^^}y J^^^^^^^^^  nor  the  widening  of  such  streets:  Pro- 
vided however,  That  upon  the  final  determination  of  said 
appeal  or  other  proceeding  at  law  or  in  equity  the  amount 
found  to  be  due  and  payable  as  damages  sustained  by  reason 
of  the  widening  of  the  streets  under  the  provisions  hereof 
shall  be  paid  as  hereinbefore  provided. 

Sec.  14.   That  Congress  reserves  the  right  to  alter 
amend,  or  repeal  this  Act. 

Approved,  June  6,  1900. 


Appeal. 


Route. 


i 


WASHINGTON,   ALEXANDRIA   AND    MOUNT    VEENON   ELECTEIC 

EAILWAY  COMPANY. 

AN  ACT  To  authorize  the  Washington,  Alexandria  and  Mount  Vernon    August  23. 1894. 
Electric  Railway  Company  to  extend  its  line  of  road  into  and  within  28  d  494 

the  District  of  Columbia,  and  for  other  purposes.  ou*  .    ,  f- 

Be  it  enacted  hy  the  Senate  and  Rouse  of  Representatives 
of  the  United  States  of  America  in  Congress  assernUed  That  ^lYx'fSdSf  *and 
the  Washington,  Alexandria  and  Mount  Vernon  Electric  Mount^vejnon 
Railway  Company,  a  body  incorporated  under  the  laws  ot  company,    ex- 
the  State  of  Virginia,  be,  and  is  hereby,  authorized  to  con-  tension  of  tracks 
struct  and  lay  down  a  double-track  street  railway,  except 
as  hereinafter  provided,  with  the  necessary  switches,  turn- 
outs, and  other  mechanical  devices,  the  number  and  location 
of  which  shall  be  approved  by  the  Commissioners  of  the 
District  of  Columbia,  said  street  railway  to  be  constructed 
and  laid  down  through  and  along  the  following  routes: 

Commencing  on  B  street,  between  Seventh  and  Eighth 
streets  northwest,  at  a  point  to  be  designated  by  the  Com- 
missioners of  the  District  of  Columbia,  thence  westward 
along  B  street  to  Thirteen-and-a-half  street,  thence  north- 
ward on  Thirteen-and-ahalf  street  to  E  street  by  single 
track,  thence  westward  on  E  street  to  Fourteenth  street 
on  a  single  track,  thence  southward  on  Fourteenth  street 
using  the  tracks  of  the  Belt  Line  Street  Railway,  to  the 
Potomac  River,  thence  across  the  Potomac  River  by  a 
suitable  ferry  or  transfer  barge  to  the  Virginia  shore,  with 
the  privilege  of  a  double  track  on  B  street  from  Thirteen- 
and-a-half  street,  connecting  with  the  Belt  Line  Street 
Railway  tracks  at  Fourteenth  street. 

And  said  company  is  authorized  to  construct  its  road 
across  the  tracks  of  the  Pennsylvania  Railroad  at  or  near 
the  long  bridge,  under  such  regulations  as  may  be  pre- 
scribed by  the  Commissioners  of  the  District  of  Columbia. 

And  the  said  Washington,  Alexandria  and  Mount  Ver- 
non Electric  Railway  Company  is  hereby  authorized  and 
empowered  to  construct  and  maintain,  after  acquiring  title 
to  the  same,  at  the  foot  of  Fourteenth  street,  a  necessary 
landing  and  slip  for  the  operation  of  a  ferryboat  or  transfer  Ferry  dips  and 
steamer,  said  landing  and  slip  to  be  constructed  on  plans  «*  • 
approved  by  the  Secretary  of  War,  and  for  the  purpose  of 
connection  to  use  an  overhead  wire  for  a  distance  of  not 
exceeding  four  hundred  feet,  commencing  at  the  extreme 
southern  end  of  the  slip. 

And  said  company  is  also  authorized  and  empowered  to 
construct,  maintain,  and  operate,  subject  to  the  supervi- 

191 


Crossings. 


streets. 


Route  on  coun- 
try road. 


Construction. 


192        LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 

,sion  of  the  Commissioners  of  the  District  of  Columbia,  a 
double-end  steamboat  or  transfer  barge  for  the  transfer  of 
its  cars,  with  all  the  modern  improvements  for  the  safety 
and  protection  of  its  passengers:  Provided,  That  the  said 
company  be  authorized  to  condemn  for  its  use  for  said 
landing  and  slip,  as  provided  for  in  this  Act,  a  space  not 
exceeding  one  hundred  and  fifty  by  two  hundred  feet. 
Widening  of     Sec.  2    That  whenever  the  roadway  of  any  street  occu- 
pied by  the  said  railway  company  is  widened,  one-half  of 
the  cost  of  widening  and  improvement  of  such  widened 
part  shall  be  charged  to  the  said  railway  company,  and 
collected  from  said  company  in  the  same  manner  as  the 
cost  ot  laying  or  repairing  pavements  lying  between  the 
exterior  rails  of  the  tracks  of  street  railways,  and  for  a 
distance  of  two  feet  from  and  exterior  to  such  track  or 
tracks  on  each  side  thereof,  is  collectible  under  the  provi- 
sions of  section  ^\q  of  the  Act  entitled  ''An  Act  providing 
a  permanent  form   of  government  for  the  District  of 
Columbia,  approved  June  eleventh,  eighteen  hundred  and 
seventy-eight." 

Sec.  3.  That  when  the  route  described  coincides  with 
that  of  a  country  road  of  less  width  than  sixty-six  feet,  the 
railway  shall  be  constructed  entirely  outside  the  road. 

bEC.  4.  That  the  said  railway  shall  be  constructed  in  a 
substantial  and  durable  manner;  and  all  rails,  electrical  and 
naechanical  appliances,  conduits,  stations,  and  so  forth, 
^^:l  V^\  approved  pattern,  and  subject  to  the  approval 
ot  the  District  Commissioners. 

Sec.  5.  That  the  said  corporation  shall  at  all  times  keep 
the  space  between  its  tracks  and  rails  and  two  feet  exterior 
thereto  m  such  condition  as  the  Commissioners  of  the 
Uistrict  of  Columbia  or  their  successors  may  direct  and 
whenever  any  street  occupied  by  said  railway  is  paved  or 
repaired  or  otherwise  improved  the  said  corporation  shall 
bear  all  the  expense  of  improving  the  spaces  above  de- 
scribed,    bhould  the  said  corporation  fail  to  comply  with 
the  orders  of  the  Commissioners  the  work  shall  be  done 
by  the  proper  officials  of  the  District  of  Columbia  and  the 
amounts  due  from  said  corporation  shall  be  collected  as 
provided  by  section  ^yq  of  the  Act  entitled  ''An  Act  pro- 
viding a  permanent  form  of  government  for  the  District 
ot  Columbia,  approved  June  eleventh,  eighteen  hundred 
and  seventy-eight."    But  no  overhead  wires  shall  be  used 
or  constructed  except  as  hereinbefore  provided  nor  shall 
steam  power  be  used  within  the  limits  of  the  city  of 
Washington:  Provided,  That  the  tracks  of  said  road  shall 
not  be  used  for  the  transportation  of  any  cars  other  than 
those  used  for  the  transportation  of  passengers  on  street 
railways. 

^  ^f%^,\  That  nothing  in  this  Act  shall  prevent  the  Dis- 
trict of  Columbia  at  any  time,  at  its  option,  from  alterino- 
the  grade  of  any  avenue,  street,  or  highway  occupied  bv 
said  railroad,  or  from  altering  and  improving  streets,  ave- 


Paving, 


Ch  anpe 
grades,  etc. 


of 


Trenches. 


Deposit    fo: 
water  mains. 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES.         193 

nues,  and  highways,  and  the  sewerage  thereof;  in  such 
event  it  shall  be  the  duty  of  said  company  at  once  to  change 
its  said  railway  and  the  pavement  so  as  to  conform  to  such 
crrades  and  improvements  as  may  have  been  established. 
°  Sec  7.  That  it  shall  be  lawful  for  said  railway  company, 
its  successors  or  assigns,  having  first  obtained  the  permis- 
sion of  the  Commissioners  of  the  District  of  Columbia,  to 
make  all  needful  and  convenient  trenches  and  excavations 
in  any  of  said  streets  or  places  where  said  company  may 
have  the  right  to  construct  and  operate  its  road,  and  place  in 
such  trenches  and  excavations  all  needful  and  convenient 
devices  and  machinery  for  operating  said  railroad  in  the 
same  manner  and  by  the  means  herein  provided,  but  shall 
forthwith  restore  the  streets  to  a  like  good  condition  as 
they  were  before.  But  whenever  such  trenches  or  excava- 
tions shall  interfere  with  any  sewer,  gas,  or  water  pipes, 
or  any  subways  or  conduits,  or  any  public  work  of  the 
kind  which  has  been  ordered  by  the  Commissioners,  then 
the  expense  necessary  to  change  such  underground  con- 
struction shall  be  borne  by  the  said  railroad  company. 

Sec.  8.  That  the  said  company  shall,  before  commencmg 
work  on  said  railroad  on  such  street,  deposit  with  the 
Treasurer  of  the  United  States  to  the  credit  of  the  Wl  b- 
ington  Aqueduct  such  sum  as  the  Secretary  of  War  may 
consider  necessary  to  defray  all  the  expenses  that  may  be 
incurred  by  the  United  States  in  connection  with  the  in- 
spection of  the  work  of  construction  of  said  railroad  on  such 
street,  and  in  making  good  any  damages  done  by  said  com- 
pany, or  its  works,  or  by  any  of  its  contracting  agents,  to 
any  of  said  mains,  fixtures,  or  apparatus,  and  in  completing, 
as  the  Secretary  of  War  may  consider  necessary,  any  of  the 
work  that  the  said  company  may  neglect  or  refuse  to  com- 
plete, and  that  the  Secretary  of  War  may  consider  neces- 
sary for  the  safety  of  said  mains,  fixtures,  or  apparatus,  and 
the  said  company  shall  also  deposit  as  aforesaid  such  further 
sums  for  said  purposes  at  such  times  as  the  Secretary  of 
War  may  consider  necessary:  Provided,  That  the  said  sum 
shall  be  "disbursed  like  other  moneys  appropriated  for  the 
Washington  Aqueduct,  and  that  whatever  shall  remain  of 
said  deposits  at  the  end  of  one  year  after  the  completion 
of  said  railroad  in  such  street  shall  be  returned  to  said  com- 
pany on  the  order  of  the  Secretary  of  War,  with  an  account 
of  its  disbursement  in  detail:  And  provided  also.  That  dis- 
bursements of  said  deposits  shall,  except  in  cases  of  enaer- 
gency,  be  made  only  on  the  order  of  the  Secretary  of  War. 
The  exercise  of  the  rights  by  this  Act  granted  are  to  termi- 
nate at  the  pleasure  of  the  S^ecretary  of  War  in  case  of  per- 
sistent neglect  by  said  company,  or  by  its  successors,  to 
make  the  deposits,  or  to  comply  with  any  of  the  conditions, 
requirements,  and  regulations  aforesaid. 

Sec.  9.  That  it  shall  also  be  lawful  for  said  corporation, 
its  successors  or  assigns,  to  erect  and  maintain,  upon  pri- 
vate grounds,  at  such  convenient  and  suitable  points  along 

16400—05 13 


etc 


Engine  faousef^ 


I 


Motive  power. 


Crossings. 


194        LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES. 

,  its  lines  as  may  seem  most  desirable  to  the  board  of  direct- 
ors of  the  said  corporation  and  subject  to  the  approval  of 
the  said  Commissioners,  an  engine  house  or  houses,  boiler 
house,  and  all  other  buildings  necessary  for  the  successful 
operation  of  a  street  railway. 
menTand  ""cSml  ^^^'  ^^'  ^^at  the  said  railroad  shall  be  commenced  within 
pietion.  ^^^y^l  *"^  completed  within  two  years  from  the  passage 

or  mis  xxct). 

Sec.  11-  That  the  said  company  shall  run  street  railway 
cars  propelled  by  underground  cable  or  underground  elec- 
tric power:  Provided,  That  for  the  purpose  of  making  a 
continuous  connection  over  the  route  herein  before  described 
and  designated  the  said  company  shall  have  the  right  to 
cross  all  streets,  avenues,  and  highways  that  may  be  alon^ 
coinciding  the  designated  route:  Provided,  That  whenever  the  fore- 
going route  or  routes  may  coincide  with  the  route  or  routes 
of  any  duly  mcorprated  street-railway  company  in  the 
District  of  Columbia  the  tracks  shall  be  used  by  both  com- 
panies, which  are  hereby  authorized  and  empowered  to  use 
such  tracks  m  common,  upon  such  fair  and  equitable  terms 
.     .        as  may  be  agreed  upon  by  said  companies ;  and  in  the  event 
the  said  companies  fail  to  agree  upon  equitable  terms,  either 
of  said  companies  may  apply  by  petition  to  the  supreme 
court  of  the  District  of  Columbia,  which  shall  imme(fiatelv 
provide  for  proper  notice  to  and  hearing  of  all  parties 
interested,  and  shall  have  power  to  determine  the  terms 
and  conditions  upon  which  and  the  regulations  under  which 
the  companv  hereby  incorporated  shall  be  entitled  so  to  use 
and  enjoy  the  track  of  such  other  street  railway  companv 
and  the  amount  and  manner  of  compensation  to  be  paid 
therefor:  And  provided  further,  That  neither  of  the  com- 
panies using  such  track  in  common  shall  be  permitted  to 
make  the  track  so  used  in  common  the  depot  or  general 
stopping  place  to  await  passengers,  but  shall  onlv  be 
entitled  to  use  the  same  for  ordinary  passage  of  its  cars 
with  the  ordinar;^  halts  for  taking  up  and  dropping  off 
passengers:  Provided,  That  this  shall  not  apply  to  or  inter- 
fere with  any  station  already  established  on  any  existing 
lines;  that  said  corporation  is  authorized  and  empowered 
to  propel  its  cars  over  the  line  of  any  other  road  or  roads 
which  may  be  in  the  alignment  with  and  upon  such  streets 
as  may  be  covered  by  the  route  or  routes  as  prescribed  in 
this  Act,  in  accordance  with  the  conditions  hereinbefore 
contained;  and  that  this  corporation  shall  construct  and 
repair  such  portions  of  its  road  as  may  be  upon  the  line  or 
routes  of  any  other  road  thus  used;   and  in  case  of  anv 
disagreement  with  any  company  whose  line  of  road  is  thus 
used,  such  disagreement  may  be  summarily  determined 
upon  the  apphcation  of  either  road  to  any  court  in  said 
p a  8  8  e  n   e  r  ^  ^  ^'^^^  having  Competent  jurisdiction. 
houseland  tains'    p^c.  12.  That  the  Said  company  shall  furnish  and  main- 
fer  stataons.       tain  passenger  houses  and  transfer  stations  as  required  bv 
the  Commissioners  of  the  District  of  Columbia  but  no  such 


Speed. 


Removal  of  ice 
and  snow. 


Articles  left  in 
cars. 


LAWS   RELATING   TO    STREET-RAILWAY    FRANCHISES.         195 

passenger  house  or  transfer  station  shall  be  built  upon  the 
public  streets  or  sidewalks  or  upon  public  property  and 
shall  place  first-class  cars  on  said  railway  with  all  the  mod- 
ern improvements  for  the  convenience,  comfort,  and  safety 
of  passengers,  and  shall  run  cars  as  often  as  the  public  con- 
venience may  require  in  accordance  with  a  time-table 
approved  bv  the  Commissioners  of  the  District  of  Coluna- 
bia.  Every  failure  to  comply  with  the  conditions  of  this 
section  shall  render  the  said  corporation  liable  to  a  fine  of 
fifty  dollars  for  each  day  said  failure  occurs,  to  be  recov- 
ered in  any  court  of  competent  jurisdiction  at  the  suit  of 
the  Commissioners  of  said  District. 

Sec.  13.  That  the  Commissioners  of  the  District  of  Co- 
lumbia may  make  such  regulations  as  to  rate  of  speed,  mode 
of  use  of  tracks,  and  removal  of  ice  and  snow  as  in  their 
judgment  the  interest  and  convenience  of  the  public  may 
require.  Should  the  servants  or  agents  of  said  company 
willfully  or  negligently  violate  such  an  ordinance  or  regu- 
lation as  aforesaid  shall  be  liable  to  the  District  of  Colum- 
bia for  a  penalty  not  exceeding  five  hundred  dollars. 

Sec.  14.  That  all  articles  of  value  that  mav  be  inadvert- 
ently left  in  any  of  the  cars  or  other  vehicles  of  the  said 
company  shall  be  taken  to  its  principal  depot  and  entered 
in  a  book  of  record  of  unclaimed  goods,  which  book  shall 
be  open  to  the  inspection  of  the  public  at  all  reasonable 
hours  of  business. 

Sec.  15.  That  said  company  shall,  on  or  before  the 
fifteenth  of  February  of  each  year,  make  a  report  to  Con- 
gress, through  the  Commissioners  of  the  District  of  Colum- 
bia, of  the  names  of  all  the  stockholders  therein  and  the 
amount  of  stock  held  by  each,  together  with  a  detailed 
statement  of  the  receipts  and  expenditures  within  the  Dis- 
trict of  Columbia,  from  whatever  source  and  on  whatever 
account,  for  the  preceding  year  ending  December  thirty- 
first,  and  such  other  facts  as  may  be  required  by  any  gen- 
eral law  of  the  District  of  Columbia,  which  report  shall  be 
verified  by  the  affidavit  of  the  president  and  secretary  of 
said  company,  and,  if  said  report  is  not  made  within  ten 
days  thereafter,  such  failure  shall  of  itself  operate  as  a  for- 
feiture of  the  privileges  and  rights  hereby  granted  to  said 
company,  and  it  shall  be  the  duty  of  the  Commissioners  to 
cause  to  be  instituted  proper  judicial  proceedings  therefor; 
and  said  company  shall  pay  to  the  District  of  Columbia,  in 
lieu  of  personal  taxes  upon  personal  property,  including 
cars  and  motive  power,  each  year,  four  per  centum  of  its 
gross  earnings  in  the  District  of  Columbia,  which  amount 
shall  be  payable  to  the  collector  of  taxes  at  the  times  and 
in  the  manner  that  other  taxes  are  now  due  and  payable, 
and  subject  to  the  same  penalties  on  arrears;  and  the  fran- 
chise and  property  of  said  company,  both  real  and  personal, 
to  a  sufficient  amount  may  be  seized  and  sold  in  satisfac- 
tion thereof,  as  now  provided  by  law  for  the  sale  of  other 
property  for  taxes ;  and  said  per  centum  of  its  gross  earnings 


Annual  report 


Taxes. 


F 


Eare. 


Free  use 
roadway. 


of 


196        LAWS   BELATING   TO   8TREET-EAILWAY   FEANCHI8E8. 

shall  be  in  lieu  of  all  other  assessments  of  personal  taxes 
upon  its  property  used  solely  and  exclusively  in  the  opera- 
tion and  management  of  said  railway.  Its  real  estate  shall 
be  taxed  as  other  real  estate  in  the  District  of  Columbia: 
Provided^  That  its  tracks  shall  not  be  taxed  as  real  estate. 
Sec.  16.  That  said  company  shall  receive  a  rate  of  fare 
not  exceeding  five  cents  per  passenger,  including  transpor- 
tation to  the  Virginia  shore;  and  the  said  company  may 
make  arrangements  with  all  existing  railway  companies  in 
the  District  of  Columbia  for  the  interchange  of  tickets  in 
payment  of  fare  on  its  road:  Provided,  That  within  the 
limits  of  the  District  of  Columbia  six  tickets  shall  be  sold 
for  twenty -five  cents. 

Sec.  17.  That  the  said  company  shall  have  at  all  times 
the  free  and  uninterrupted  use  of  the  roadway,  subject  to 
the  rights  of  the  public,  and  if  any  person  or  persons  shall 
willfully,  mischievously,  and  unlawfully  obstructor  impede 
the  passage  of  cars  of  said  railway  company  with  a  vehicle 
or  vehicles,  or  otherwise,  or  in  any  manner  molest  or  inter- 
fere with  passengers  or  operatives  while  in  transit,  or  de- 
stroy or  injure  the  cars  of  said  railway,  or  depots,  stations, 
or  other  property  belonging  to  the  said  railway  company, 
the  person  or  persons  so  offending  shall  forfeit  and  pay  for 
each  such  offense  not  less  than  twenty- five  nor  more  than 
one  hundred  dollars,  to  be  recovered  as  other  fines  and 
I)enalties  in  said  District,  and  shall  remain  liable,  in  addi- 
tion to  said  penalty,  for  any  loss  or  damage  occasioned  by 
his  or  her  or  their  act  as  aforesaid;  but  no  suit  shall  be 
brought  unless  commenced  within  sixty  days  after  such 
offense  shall  have  been  committed. 

Sec.  18.  That  the  said  company  shall  have  the  right  of 
way  across  such  other  railways  as  are  now  in  operation 
within  the  limits  of  the  lines  granted  by  this  Act,  and  is 
hereby  authorized  to  construct,  at  its  own  cost,  its  said 
road  across  such  other  railways,  under  the  supervision  and 
control  of  the  Commissioners  of  the  District  of  Columbia: 
Provided,  That  it  shall  not  interrupt  the  travel  of  such 
other  railways  in  such  construction, 
^jection  from  gjjc.  19.  That  no  person  shall  be  prohibited  the  right  to 
travel  on  any  part  of  said  road  or  ejected  from  the  cars  by 
the  company's  employees  for  any  other  cause  than  that  of 
being  drunk,  disorderly,  or  contagiously  diseased,  or  refus- 
ing to  pay  the  legal  fare  exacted,  or  to  comply  with  the 
lawful  general  regulations  of  the  company. 

Sec.  20.  That  in  the  event  the  company  should  not  be 
able  to  come  to  an  agreement  with  the  owner  or  owners  of 
any  land  through  which  the  said  road  may  be  located  or 
pass,  proceedings  for  the  condemnation  for  the  use  of  the 
company  of  so  much  of  said  land  as  may  be  required,  not 
exceeding  fifty  feet  in  width,  may  be  instituted  under  the 
provisions  of  chapter  eleven.  Revised  Statutes,  relating  to 
the  District  of  Columbia:  Provided,  That  any  property 
owner  shall  have  the  right  of  trial  by  jury  in  any  such  issue. 
Sec.  21.  That  all  plans  relating  to  the  location  and  con- 


Crossings. 


Condemnation 
proceedings. 


Plans. 


LAWS   BELATING  TO   STREET-RAILWAY   FRANCHISES.         197 

struction  of  said  railway  shall  be  subject  to  the  approval 
of  the  Commissioners  of  the  District  of  Columbia,  or  their 
successors,  and  all  work  shall  at  all  times  be  subject  to 
their  supervision.  The  said  corporation  shall  from  time  to 
time  deposit  with  the  collector  of  taxes,  District  of  Co- 
lumbia, such  amounts  as  may  be  deemed  necessary  by  said 
Commissioners  to  cover  the  cost  of  inspection,  supervision, 
pavement,  and  repairs. 

Sec.  22.  That  the  tracks  and  ferry  of  said  company  jj^y^^ly* be 
within  the  District  of  Columbia  shall  be  deemed  and  taken  ujeci  by  Fails 
to  be  a  public  highway,  to  the  extent  that  they  may  betomacRaUwayr 
freely  used  for  the  passage  of  cars  by  the  Falls  Church  and 
Potomac  Railway  Company  from  such  point  as  said  com- 
pany may  connect  with  the  Washington,  Alexandria  and 
Mount  Vernon  Electric  Railway  Company,  and  may  run 
its  cars  to  the  eastern  terminus  of  said  latter-named  com- 
pany's road.  And  the  cars  of  said  Falls  Church  and  Poto- 
mac Railway  Company  shall  be  propelled  over  the  said 
line,  from  said  junction  to  said  eastern  terminus,  by  the 
motive  power  of  said  Washington,  Alexandria  and  Mount 
Vernon  Electric  Railway  Company,  and  the  said  Falls 
Church  and  Potomac  Railway  Company  shall  have  the 
right  to  collect  fares  on  its  said  cars  as  fully  as  if  operat- 
ing that  portion  of  the  line  in  its  own  right.  But  said 
Falls  Church  and  Potomac  Railway  Company  shall  make 
just  compensation  for  the  use  of  said  track,  ferry,  and 
motive  power;  and  in  case  any  dispute  should  arise  con- 
cerning such  compensation  or  manner  of  use  any  party  in 
interest  may  apply  to  the  supreme  court  of  the  District  of 
Columbia,  which  court  is  hereby  empowered  to  fix  the 
amount  to  be  paid  for  such  use  and  motive  power  and  the 
mode  in  which  such  use  may  be  enjoyed:  Provided,  That 
the  limitations,  requirements,  and  restrictions  imposed  by 
this  Act  upon  the  Washington,  Alexandria  and  Mount 
Vernon  Electric  Railway  Company  shall  apply  to  the  Falls 
Church  and  Potomac  Railway  Company  J  and  the  said 
Falls  Church  and  Potomac  Railway  Company  shall  be 
subject,  in  case  of  any  violation  of  the  limitations,  require- 
ments, and  restrictions  aforesaid,  to  the  same  fines,  penal- 
ties, and  forfeiture  of  the  privileges  and  rights  herein 
granted  as  the  Washington,  Alexandria  and  Mount  Vernon 
Electric  Railway  Company  is  subject  to. 

Sec.  23.  That  should  the  Washington,  Alexandria  and  un^n  R^r^i' 
Mount  Vernon  Electric  Railway  Company  fail  or  refuse  to  ^on- 
construct  a  double-track  street  railway  on  the  Virginia 
side  of  the  Potomac  River  to  the  Arlington  Reservation  and 
provide  accommodations  for  the  necessary  travel  from  the 
city  of  Washington  to  Arlington  within  one  year  from  the 
approval  of  this  Act,  then  all  the  rights,  powers,  privileges, 
and  franchises  conferred  upon  said  company  by  this  Act 
within  the  jurisdiction  of  the  District  of  Columbia  shall  be, 
and  the  same  are  hereby,  forfeited. 

Sec.  24.  That  all  the  conditions,  requirements,  and  obli-  et?.^"  ha i? "be 
gations  imposed  by  the  terms  of  this  Act  upon  the  Wash-  compued  with. 


I 


If 


m 


I 


198        LAWS   RELATING    TO   STEEET-BAILWAY   FRANCHISES. 

ington,  Alexandria  and  Mount  Vernon  Electric  Railway 
Company  shall  be  complied  with  by  any  and  all  the  suc- 
Amendmen     ^^^^^^^  ^^  ^^^  assiffns  of  said  company. 

®°^       Sec.  25.  That  this  Act  may  at  any  time  be  altered, 
amended,  or  repealed  by  the  Congress  of  the  United  States. 
Approved,  August  23,  1894. 


^^•^•^^-      ^^  ^CT  Granting  the  right  of  way  through  the  Arlington  reservation 


stats.  28,  p.  693 


for  electric  railway  purposes. 


w  h     Ai       ^  f  ttenacted  hy  the  Senate  and  House  of  Representatives 
and  Mt'.' vera?n  Of  the  United  States  of  America  in  Coiigress  assembled,  That 

fiVh't  o?*wa?S*^-i         /°^^°'  Alexandria  and  Mount  Vernon  Electric 
through  Ariing-  Kailway  Company,  a  body  incorporated  under  the  laws  of 
ton  Reservation,  the  State  of  Virginia,  be,  and  is  hereby,  authorized  to  con- 
struct and  thereafter  maintain  and  operate  its  electric  rail- 
road across  the  lower  and  eastern  portion  of  the  grounds 
of  the  United  States  Government  known  as  the  Arlington 
«*>"^-  reservation,  in  the  State  of  Virginia,  opposite  the  city  of 

Washmgton,  said  line  to  be  east  of  and  contiguous  to  the 
nver  road,  except  that  said  line  running  northerly  may  be 
diverted  from  said  river  road  easterly  at  a  point  not  more 
than  twenty  rods  southerly  from  the  intersection  of  the 
river  road  with  the  northerly  line  of  said  reservation :  Pro- 
mded,Th&t  this  diversion  shall  not  exceed  twenty  rods  from 
said  river  road  easterly;  and  for  such  purpose  said  com- 
pany IS  hereby  granted  a  right  of  way  fifty  feet  in  width, 
T*  ^"?i^^^^^  slopes,  through  the  grounds  aforesaid.     And 
the  said  company  shall  repair  at  its  own  expense,  in  a  man- 
ner satisfactory  to  the  Secretary  of  War,  any  damage, 
injury,  or  displacement  that  may  be  done  to  roads,  foot- 
ways, bridges,  or  fences  upon  or  through  the  Government 
lands  referred  to  in  this  Act  by  the  construction  or  opera- 
tion of  the  said  electric  railway  company,  and  shall  erect 
such  sheds  or  other  shelter  for  the  comfort  and  convenience 
of  passengers  and  at  such  points  as  the  Secretary  of  War 
by's^ofwaJ'^  ?*^all  direct:  Provided,  That  said  line  or  route  shall  be  sub- 
ject to  the  approval  of  the  Secretary  of  War;  and  when 
such  ri^ht  of  way  shall  cease  to  be  used  for  the  purpose 
aforesaid,  the  same  shall  revert  to  the  United  States  Gov- 
ernment.    And  said  road  shall  be  commenced  within  one 
year  from  the  date  of  the  passage  of  this  Act  and  finished 
power.  «*«»°»withm  three  years:  And  provided  fir  t  her,  Th&t  nothing  m 
^is  Act  shall  allow  the  use  of  steam  power:  And  provided 
further.  That  the  said  railway  company  shall  not  cross, 
enter,  touch  upon,  or  be  granted  any  right  whatsoever  upon 
t^at  part  of  the  Government  land  set  aside  and  known  as 
the  Arlington  National  Cemetery.     And  that  material  for 
*^e  building,  grading,  or  ballasting  of  said  electric  railway 
shall  not  be  obtained  from,  nor  shall  the  trees  be  disturbed 
on,  the  Arlington  reservation:  And  provided  further.  That 


LAWS  RELATING  TO   STBEET-RAILWAY   FBANCHIRES.        199 


the  tracks  of  said  conapany  may  be  freely  used  for  the  pas- 
sage of  cars  by  the  Falls  Church  and  Potomac  Railway 
Company  from  such  point  as  said  company  may  connect 
with  the  Washington,  Alexandria  and  Mount  Vernon  Elec- 
tric Railway  Company.     And  the  cars  of  said  Falls  Church 
and  Potomac  Railway  Company  shall  be  propelled  over  the 
said  line,  from  its  junction  therewith,  by  the  motive  power 
of  said  Washington,  Alexandria  and  Mount  Vernon  Electric 
Railway  Company;  and  the  said  Falls  Church  and  Poto- 
mac Railway  Company  shall  have  the  right  to  collect  fares 
on  its  cars  as  fully  as  if  operating  that  portion  of  the  line 
in  its  own  right.     But  said  Falls  Church  and  Potomac  Rail- 
way Company  shall  make  just  compensation  for  the  use  of 
said  track  and  motive  power;  and  in  case  any  dispute 
should  arise  concerning  such  compensation  or  manner  of 
use,  any  party  in  interest  may  apply  to  the  supreme  court 
of  the  District  of  Columbia,  which  court  is  hereby  empow- 
ered to  ^^  the  amount  to  be  paid  for  such  use  and  motive 
power  and  the  mode  in  which  such  use  may  be  enjoyed: 
Provided,  That  the  limitations,  requirements,  and  restric- 
tions imposed  by  this  Act  upon  the  Washington,  Alexan- 
dria and  Mount  Vernon  Electric  Railway  Company  shall 
apply  to  the  Falls  Church  and  Potomac  Railway  Company. 
And  the  said  Falls  Church  and  Potomac  Railway  Company 
shall  be  subject,  in  case  of  any  violations  of  the  limitations, 
requirement,  and  restrictions  aforesaid,  to  the  same  fine, 
penalties,  and  forfeiture  of  the  privileges  and  rights  herein 
granted  as  the  Washington,  Alexandria  and  Mount  Vernon 
Electric  Railway  Company  is  subject  to:  Provided,  That 
no  cars  owned  or  used  by  any  steam  railroad  company  shall 
be  drawn  over  the  tracks  of  this  road  lying  within  the 
reservation,  and  that  the  sidings  and  turn-outs  within  the 
reservation  shall  not  be  used  for  the  assembling  or  storage 
of  cars,  except  for  the  purpose  of  the  accommodation  and 
transportation  of  passengers  on  the  same  day. 

Sec.  2.  That  the  right  to  repeal,  alter,  or  amend  this  Act 
is  reserved  to  Congress. 

Approved,  December  8,  1894. 


Tracks  may  be 
used  by  Falls 
Church  and  Po- 
tomac Ry. 


Terms  of  use. 


Limitations, 
etc..  to  apply  to 
Falls  Church  and 
Potomac  Rail- 
way. 


Repeal. 
Amendment. 


Extract  from  Public— No.  146,  approved  June  6,  1902. 


Sec.  6.  That  the  Secretary  of  the  Treasury  be,  and  he^^ji^.^g 
is  hereby,  authorized  and  directed  to  acquire  by  purchase, 
condemnation,  or  otherwise,  for  a  sum  not  exceeding  five 
hundred  and  fifty  thousand  dollars,  for  the  joint  use  of  the 
United  States  and  the  District  of  Columbia,  for  the  erec- 
tion thereon  of  a  municipal  building  for  said  District, 
square  two  hundred  and  fifty-five  in  the  city  of  Washing- 
ton, District  of  Columbia,  and  that  portion  of  E  street 
lying  between  said  square  and  Pennsylvania  avenue  is 
Hereby  appropriated  and  made  a  part  of  said  square  tor 
the  purpose  of  erecting  thereon  the  municipal  building, 


Municipa  1 


i'* 


200 


LAWS   BELATING    TO   STREET-RAILWAY    FRANCHISES. 


to^gf??uSand  the  Commissioners  of  the  District  of  Columbia  are 
f^mS'va^''of  ^^^^^y  authorized  to  change  the  route  of  the  Washington, 
tracks  from  E  Alexandria,  and  Mount  Vernon  Electric  Railway  in  such 
**^^-  a  manner  as  to  cause  said  portion  of  E  street  to  be  vacated 

by  the  tracks  of  said  company,  and  jurisdiction  is  hereby 
conferred  upon  the  supreme  court  of  the  District  of  Colum- 
bia upon  petition  of  said  company  to  inquire  into,  hear, 
and  determine  the  amount  of  the  actual  cost  and  expense 
to  the  company  for  the  removal  of  its  tracks  from  E  street 
by  reason  of  the  provisions  herein  contained,  and  to  enter 
judgment  against  the  United  States  and  the  District  of 
Columbia  jointly,  in  such  sum  as  may  be  so  ascertained  as 
aforesaid,  and  either  party  shall  have  the  right  of  appeal 
from  such  judgment  as  in  other  cases:  Provided,  That  if 
the  Secretary  of  the  Treasury  shall  be  compelled  or 
obliged  to  institute  condemnation  proceedings  in  order  to 
acquire  said  site,  such  proceedings  shall  be  m  accordance 
with  the  provisions  of  the  Act  of  Congress  approved 
August  thirtieth,  eighteen  hundred  and  ninety,  providing 
a  site  for  the  enlargement  of  the  Government  Printing 
OflSce.  (United  States  Statutes  at  Large,  volume  twenty- 
six,  chapter  eight  hundred  and  thirty-seven.) 


WASHINGTON  AND  ARLINGTON  EAILWAY  COMPANY. 


[Obsolete.] 

AN  ACT  To  incorporate  the  Washington  and  Arlington  Railway  Com- 
pany of  the  District  of  Columbia. 


Feb.  28, 1891. 


Stats.  26,  p.  789. 


Be  it  enacted  ly  the  Smate  and  House  of  Representatwes 
of  the  United  States  of  Amet^ica  in  Congress  assembled,  ihat 
W.  H.  Randle,  D.  C.  Forney,  J.  S.  Lawrence,  Beriah  Wil- 
kins  C.  G.  Lee,  James  L.  Barbour,  and  their  associates  and 
assigns,  be,  and  thev  are  hereby,  created  a  body  corporate 
under  the  name  of  the  Washington  and  Arlington  Kailway 
Company  of  the  District  of  Columbia,  with  authority  to 
construct  and  lav  down  a  single  or  double  track  railway, 
with  necessary  swit<jhes,  turn-outs,  and  other  mechanical 
devices  for  operating  the  same,  by  horse,  cable,  compressed 
air  or  other  power  to  be  approved  by  the  Commissioners  ot 
the  District  of  Columbia,  or  electric  power  for  carrying 
passengers,  parcels,  milk,  and  truck,  by  the  following  route, 
namely :  Beginning  on  Sixth  street  near  B  street  northwest; 
along  B  street  and  Virginia  avenue  northwest  to  Twenty- 
sixth  street;  along  Twenty-sixth  street  to  M  street;  along 
M  street  and  Canal  road  to  a  point  on  the  Potomac  Kiver 
at  or  near  the  point  known  as  "The Three  Sisters,"  where 
the  said  company  is  hereby  authorized  to  construct  and 
maintam  a  bridge  across  the  Potomac  River  on  such  plans  as 
the  Secretary  of  War  may  approve;  and  from  thence  by,  on, 
and  over  such  lines  as  may  be  selected  by  the  said  company, 
with  the  approval  of  the  Secretary  of  War,  to  the  northwest 
entrance  of  the  Arlington  Cemetery,  and  thence  through  the 
Arlington  estate  outside  of  the  cemetery  grounds  to  the  south 
orwestlinethereof, in theStateof  Virginia:  Provided,  Ihat 
said  road  shall  cross  the  Chesapeake  and  Ohio  Canal  on  a 
bridge  that  shall  be  so  constructed  as  not  to  interfere  with 
the  use  of  the  bed  or  towpath  of  the  canal  as  a  waterway, 
or  as  a  railway,  and  in  a  manner  satisfactory  to  the  becre- 
tary  of  War:  Provided,  That  said  company  shall  not  oper- 
ate any  part  of  its  line  by  electric  power  with  overhead 
wires  within  the  city  limits:  Provided-,  That  should  any 
part  of  the  track  herein  authorized  occupy  the  same  street 
or  avenue  with  portions  of  any  other  duly  incorporated 
street  railway  in  the  District  of  Columbia  but  one  set  of 
tracks  shall  be  used;  and  the  relative  conditions  of  use  and 
of  chartered  rights  may  be  adjusted  upon  terms  to  be  mutu- 
ally agreed  upon  between  the  companies,  or,  in  the  case  of 
disagreement,  by  the  supreme  court  of  the  District  of  Colum- 
bia on  petition  filed  therein  by  either  party,  and  on  such 
reasonable  uotice  to  the  other  party  as  the  court  may  order: 

201 


Washington 
and  Arlington 
Railway  Com- 
pany incorpo- 
rated. 


Motive  power. 


Route. 


May  bridge 
Potomac  at 
Three  Sisters. 


Overhead  wires. 


Coinciding 
tracks. 


202 


LAWS   BELATING    TO   8TREET-BAILWAY    FRANCHISES. 


; 


f^' 


And  jyrovided.  That  no  work  shall  be  done  on  said  road  in 
the  District  of  Columbia,  until  the  plans  and  specifications 

Plans  of  brideeu%u^P^^P^?.^^  bridge  on  the  Potomac  Kiver  at  or  near 
to  be  approvfd     J-"®  Three  Sisters"  shall  have  been  approved  by  the  See- 
by  Sec.  o^  War.   retary  of  War,  and  the  construction  of  said  bridge  actually 
commenced:  And  provided,  That  so  much  of  said  line  as 
may  he  within  the  State  of  Virginia  shall  first  receive  the 
approval  of  tbe  proper  authorities  of  said  State.     And 
said  company  is  hereby  authorized  to  run  its  said  railway 
through  the  United  States  reservation  known  as  Fort  Meyer 
and  such  other  land  of  the  United  States  in  the  State  of 
Virginia,  excepting  the  Arlington  Cemeterv  Grounds,  as 
may  be  necessary  to  construct  the  railway  between  the 
points  named  in  this  bill:  only  if  the  Secretary  of  War 
shall  deem  the  same  promotive  of  the  public .  interest  and 
always  subject  to  such  conditions  and  regulations  as  the 
Secretary  of  War  may  from  time  to  time  impose, 
bridl"^*'  «\^Sec.  2.  That  the  railway  hereby  authorized  and  lying  in 
the  District  of  Columbia  and  on  the  bridge  shall  be  con- 
structed by  said  company  of  good  material,  and  in  a  sub- 
stantial manner,  with  grooved  rails  of  the  best  pattern,  and 
jointapprovai.  of  a  suitable  gauge —all  to  be  approved  by  the  Commis- 
sioners of  the  District  of  Columbia  and  the  Secretary  of 

DteSct''  ^^-^  ^"^  \  *n  J?.'°*^^?-,    ^^^  *^^^^  ^^  said  railwav,  so  far  as  the  same 
shall  lie  withm  the  District  of  Columbia,  and  the  space 
between  the  same  and  for  two  feet  adjacent  to  the  outer 
mils  thereof,  shall  be  at  all  times  kept  by  said  company  well 
i-aving.  paved  and  m  good  order  to  the  satisfaction  of  the  Commis- 

sioners of  the  District  of  Columbia;  and  it  shall  be  lawful 
for  said  company  to  make  all  needful  and  convenient 
trenches  and  excavations  in  any  streets  or  spaces  where  its 
railway  may  be  constructed,  and  to  place  in  such  trenches 
and  excavations  all  the  needful  and  convenient  devices  and 
machinery  for  operating  said  railway  in  the  manner  and  by 
the  means  aforesaid,  subject  to  the'approval  of  the  Com- 
missioners of  the  District  of  Columbia,  and  subject  to  the 
other  provisions  of  this  act;  and,  also,  it  shall  be  lawful 
for  said  company  to  erect  and  maintain,  at  such  convenient 
and  suitable  points  along  its  line  not  in  any  avenue,  street, 
alley,  or  other  public  place  as  may  be  deemed  advisable 
by  said  company  or  its  board  of  directors,  and  subject  to 
the  approval  and  regulations  from  time  to  time  made  by  the 
Commissioners  of  the  District  of  Columbia  over  the  pla<?e 

^  aiginehouses,  or  placcs  whcre  the  same  may  be  located,  an  engine  house 
or  houses,  boiler  house  or  houses,  and  other  buildings  neces- 
san^  for  the  successful  operation  of  said  road. 
"■"^  Sec.  3.  That  the  said  company  may  receive  a  rate  of  fare 

not  exceeding  five  cents  for  each  passenger  for  one  continu- 
ous ride  over  the  route  aforesaid  or  any  part  thereof, 
between  the  termini  of  said  railroad,  and  shall  sell  tickets 
at  the  rate  of  six  for  twenty-five  cents.     Said  company 

Annual  reDort        "'  ''''  ''''  "^^^^^  ^"^^  fifteenth  day  of  eJanuary  of  each 

Annual  report,  year,  report  to  Congress  the  names  of  all  the  stockholders 

thereof  and  the  amount  of  stock  held  by  each ,  together  with 


LAWS   BELATINO   TO   STREET-RAILWAY   FRANCHISES. 


203 


Taxes. 


Capital  stock 


a  detailed  statement  of  the  receipts  and  expenditures  from 
different  sources  and  on  whatever  account  for  the  preced- 
ing year  ending  December  thirty-first,  which  report  shall 
be  verified  by  the  affidavit  of  the  president  and  secretary 
of  said  company ;  and  said  company  shall  pay  to  the  Dis- 
trict of  Columbia,  in  lieu  of  taxes  on  personal  property  for 
the  next  ensuing  fiscal  year,  four  per  centum  of  its  gross 
earnings  upon  traffic  for  the  preceding  year,  which  amount 
shall  be  paid  to  the  collector  of  taxes  at  the  times  and  in 
the  manner  that  other  taxes  are  or  may  be  payable  and 
subject  to  the  same  penalty  in  case  of  arrears;  and  the 
franchise  and  property  of  said  company,  both  real  and  per- 
sonal, to  a  sufficient  amount  may  be  seized  and  sold  in 
satisfaction  thereof  in  the  same  manner  as  is  or  may  be 
provided  by  law  for  the  sale  of  other  property  for  taxes, 
and  said  per  centum  of  its  gross  earnings  shall  be  in  lieu 
of  any  and  all  other  assessments  upon  its  personal  property 
in  the  District  of  Columbia,  used  solely  and  exclusively  in 
the  operation  and  management  of  said  railway;  but  its  real 
estate  in  said  District  shall  be  taxed  as  other  real  estate 
therein:  Provided,  That  its  tracks  shall  not  be  considered 
real  estate  for  the  purpose  of  taxation. 

Sec.  4.  That  the  capital  stock  of  said  company  shall  be 
fifty  thousand  dollars,  and  may  be  increased  to  three  him- 
dred  thousand  dollars  by  order  of  a  majority  of  the  stock- 
holders at  a  general  meeting,  in  shares  of  one  hundred 
dollars  each.  Said  company  shall  require  the  subscribers  subscription 
to  its  capital  stock  to  pay  in  cash  to  the  treasurer,  ap- 
pointed by  the  corporators  hereinbefore  named,  the  amounts 
severally  subscribed  by  them  as  follows,  to  wit:  Ten  per 
centum  at  the  time  of  subscribing  and  the  balance  at  such 
times  and  in  such  amounts  as  the  board  of  directors  of  said 
company  may  require;  and  no  subscription  shall  be  deemed 
valid  unless  ten  per  centum  thereof  shall  be  paid  at  the 
time  of  subscription,  as  hereinbefore  provided;  and  if  any 
stockholder  shall  refuse  or  neglect  to  pay  any  installment 
or  installments  as  aforesaid,  or  as  required  by  the  resolution 
of  the  board  of  directors,  said  board  may  sell  at  public 
auction  to  the  highest  bidder  so  many  shares  of  the  stock 
of  such  defaulting  stockholder  as  shall  be  necessary  to 
pay  said  installments,  under  such  general  regulations  as 
may  be  adopted  by  the  by-laws  of  said  company,  and  for 
the  purposes  of  such  sale  the  highest  bidder  shall  be 
deemed  and  taken  to  be  the  person  who  shall  offer  to  pur- 
chase the  least  number  of  shares  for  the  assessments  due; 
but  no  stock  shall  be  sold  at  such  sale  for  less  than  the 
total  assessments  due  and  payable  at  the  time  thereof;  or 
said  company  may  sue  and  collect  from  any  delinquent 
subscriber,  in  any  court  of  competent  jurisdiction,  the 
amount  of  the  assessments  at  any  time  due  and  payable 
in  accordance  herewith,  and  bonds  may  be  issued  in  amount 
not  exceeding  fifty  per  cent,  of  the  stock  subscribed  and 
paid  for:  Provided^  That  the  entire  issue  of  stock  and  bonds 
shall  not  exceed  the  actual  cost  of  constructing  and  equip- 


4 


M 


Maximum 
bond  and  stock 
issue. 


I 


Can. 


Schedule. 


i; 


I 


204        LAWS   RELATING   TO   STBEET-RAILWAY    FRANCHISES. 

•pingthe  road,  including  the  bridge;  andprovided,  aho,  that 
the  total  amount  of  bonds  issued  shall  not  exceed  double 
the  amount  ot  the  Mid-up  stock;  and  every  certificate  of 
stock  issued  shall  show  the  amount  paid  on  same,  to  be 
the"<i      mortgage  or  deed  of  trust  upon  the  property  of 

it^^^A  ^'■1^^''^  said  company  shall  place  first-class  cars  on 
Its  said  railway,  with  all  modern  improvements,  for  the  con- 
vemence  and  comfort  of  passengers,  and  shall  run  cars 
thereon  as  often  as  the  public  convenience  may  require  and 
according  to  a  schedule  to  be  made  from  time  to  time  bv 
said  company  and  approved  by  the  Commissioners  of  thi 
District  of  Columbia,  but  no  steam  cars,  locomotives  or 
passenger  or  other  cars  for  steam  railways  shall  ever  be  run 

^"""'-ryZiALr"^     ^^  '"^^  '^V^Y  '■>  the  District  of  Columbia. 
Und.  baid  company  may  buy  land  on  which  to  construct  passen- 

ger-rooms, ticket-offices,  workshops,  depots,  and  bu^ldin^s 
as  may  be  necessary,  and  as  the  business  of  said  railway  and 
the  convenience  of  the  public  may  require,  at  such  points 

ote  nJ'^%  ''I  ,™Y  ^  .approved  by  the'Commissloners 
of  the  District  of  Columbia,  as  to  so  much  of  its  railway  as 
,  BjectMen,  '^^.^'thin  the  Said  D  strict,  and  the  Secretary  of  War  as 
«^         ^Kif /r*'"'?^':  °'  said  railway.     No  person  shall  be  pro- 
hibited from  riding  on  the  cars  of  said  company  or  elected 

tKir  Y  *^?  «TP*y '?  *""Pl°y«e«  for  anv^otherS 
W^vT  ^^  th  <^'«0''4eriy,  or  contagiously  diseased,  or 
£  mv  f  ht  l°*  T?'*"^  or  indecent  language,  or  for  refusing 
to  pay  the  legal  fare  exacted,  or  to  comply  with  the  lawful 

«ription.  ,,y^^-  ?;  That  within  thirty  days  after  the  approval  of 

this  act  the  corporators  above  named,  or  a  majority  of  them 
or  If  any  refuse  or  -neglect  to  act,  then  a  majority  of  the 
remainder,  shall  cause  books  of  subscription  to  the  capital 
stock  of  said  company  to  be  opened,  and  kept  open,  in  some 
f^^r^^"*  ^f  accessible  place  in  the  District  of  Columbia 
fiom  nine  o  clock  m  the  forenoon  until  five  o'clock  in  the 
afternoon  for  a  period  to  be  fixed  by  said  corporators  not 

cffw.    -K  ^T  ^^1  ^""'.*?^  the  whole  stock  shall  be  sooner 
subscribed  for),  the  said  corporators  shall  give  notice,  bv 

m  the  city  of  Washington,  District  of  Columbia,  o/the  time 

manner,  and  the  place  where  said  books  shall  be  opened' 

and  subscribers  upon  said  books  to  the  capital  st^k  of 

Papnent,  on^    '^T^i''^  shall  be  held  to  be  stockholders  therein- 

^^yment,  »  n /vWe<^,  Ac^^«.,  That  every  subscriber  shall  pay  at  the 

tune  of  subscnption  ten  per  centum  of  the  amount  by  him 

subscribed  to  the  treasurer  appointed  by  the  coi-porators 

afore^id,  or  his  subscription Xll  be  null  and  voCTnl 

provided  furt/>^r.  That  nothing  shall  be  received  in  pay 

^/t°i  IT  -f  ^IJ^/  ''^"*'""  .aforesaid  except  lawful  money 
of  the  United  States  or  certified  checKs  of  anv  establishpH 
J^lS^.k  Of  national  bank.  And  when  the  books  of  subSdS  the 
capital  stock  of  said  company  shall  be  closed  the  corpora- 
tors aforesaid,  or  a  majority  of  them,  and  in  case  any  of 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


205 


ore. 


Officers. 


them  refuse  or  neglect  to  act,  a  majority  of  the  remainder, 
shall,  within  twenty  days  thereafter,  call  the  first  meeting 
of  the  stockholders  of  said  company  to  meet  ten  days  there- 
after for  the  choice  of  directors,  of  which  meeting  notice 
shall  be  given  by  advertisement  three  times  in  two  public 
newspapers  published  daily  in  the  city  of  Washington 
aforesaid,  and  by  written  personal  notice  to  be  mailed  to 
the  address  of  each  stockholder  by  the  treasurer  aforesaid; 
and  in  any  meeting  of  stockholders  each  share  shall  entitle 
the  holder  to  one  vote,  which  may  be  given  either  in  per- 
son or  by  proxy. 

Sec.  7.  That  the  government  and  direction  of  the  affairs  Board  of  direct, 
of  said  company  shall  be  vested  in  a  board  of  directors, 
not  less  than  five  nor  more  than  nine  in  number,  who  shall 
be  stockholders  of  record  and  who  shall  hold  oflSce  for  one 
year,  and  until  their  successors  are  duly  elected  and  quali- 
fied, and  the  said  directors  (a  majority  of  whom  shall  be 
a  quorum)  shall  elect  one  of  their  number  to  be  president 
of  said  company,  and  shall  also  elect  a  vice-president,  sec- 
retary, and  treasurer,  the  last  named  of  whom  shall  give  a 
bond,  with  surety,  to  said  company  in  such  sum  as  said 
directors  may  require,  for  the  faithful  discharge  of  his  trust. 
In  case  of  vacancy  in  the  board  of  directors  by  death, 
resignation,  or  otherwise  of  any  director,  the  vacancy  occa- 
sioned thereby  shall  be  filled  by  the  remaining  directors, 
or  in  such  other  manner  as  the  by-laws  of  said  company  Bylaws 
may  prescribe.  The  directors  of  said  company  shall  have 
power  to  make,  prescribe,  amend,  and  alter  such  by-laws, 
rules,  and  regulations  as  they  shall  deem  needful  and 
proper  touching  the  management  of  said  company,  and  the 
disposition  and  management  of  its  stock,  property,  estate, 
and  effects. 

Sec.  8.  That  the  principal  office  of  said  company  shall  ac^"*'^^^  **'" 
always  be  situated  m  the  District  of  Columbia,  and  the 
books  and  papers  relating  to  the  business  of  said  company 
shall  be  kept  thereat,  open  at  all  times  to  the  inspection  of 
the  stockholders.  The  meetings  of  the  stockholders,  and 
directors  of  said  company  shall  be  held  at  said  office,  and 
there  shall  be  an  annual  meeting  of  the  stockholders  for .  Annual  meet- 
choice  of  directors  to  be  held  at  such  time,  under  such  con-  *°** 
ditions,  and  upon  such  notice  as  the  said  company  shall 
by  its  by-laws  prescribe,  and  said  directors  shall  hold 
such  meetings  as  may  by  said  by-laws  be  prescribed,  and 
shall  annually  make  a  report,  in  writing,  of  their  doings  to 
the  stockholders  and  to  the  Commissioners  of  the  District 
of  Columbia.  The  book  in  which  transfers  of  stock  shall 
be  recorded  shall  be  closed  for  the  purpose  of  such  trans- 
fer thirty  days  before  the  annual  election  as  respects  said 
election,  and  for  the  purpose  of  paying  dividends  at  such 
lawful  and  reasonable  times  before  the  payment  thereof  as 
the  by-laws  of  said  company  may  prescribe. 

Sec.  9.  That  said  company  shall  commence  the  construc- 
tion of  its  said  railway  within  twelve  months  from  the*"  competion. 
approval  of  this  act,  and  said  railway  shall  be  built  its 


Annual  report 


Commencement 


I 


206 


LAWS   RELATING   TO   8TEEET-BALLWAY    FRANCHISES. 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES. 


207 


entire  distance,  with  switches  and  turn-outs,  and  with  cars 
running  thereon  for  the  accommodation  of  passengers 
within  three  years  from  the  date  of  such  approval;  other- 
wise this  act  shall  be  null  and  void. 
a^fb?idgTb^     ^^\  1^-  That  the  tracks  of  said  companv  on  the  bridge 
othercompanies.  and  the   approaches  to  said  bridge  may  be  freely  used 
for  the  passage  of  cars  with  motive  power  of  the  kind 
described  by  this  act  belonging  to  any  individual  or  cor- 
-     poration  legally  authorized  thereto,  upon  making  just  com- 
pensation for  such  use,  and  in  case  any  dispute  shall  arise 
concerning  such  compensation  or  manner  of  use  any  party 
in  interest  may  apply  to  the  Supreme  Court  of  the  District 
of  Columbia,  which  court  is  hereby  empowered  to  fix  the 
amount  to  be  paid  for  such  use  and  the  mode  in  which 
such  use  may  be  enjoyed. 
CJonstruction.       Sec.  11.  That  if  the  corporation  cannot  agree  with  the 
owner  for  the  purchase,  use,  or  occupation  of  land,  gravel, 
earth,  timber,  or  other  material  required  for  the  construc- 
tion, enlargement,  or  repair  of  any  of  its  works,  or  if  the 
Acquisition  of  ^^ner  be  a  married  woman,  infant,  non  compos  mentis,  or 
lend.  out  of  the  District,  the  said  corporation  may  apply  to  the 

supreme  court  of  the  District  of  Columbia,  at  any  general 
or  special  term  thereof,  and  said  court  after  reasonable 
public  notice  and  hearing  shall  proceed  with  the  condem- 

condemnation  ^^^^^  ^^  ^^^^  ^^^^  ^^  property  for  the  use  aforesaid. 
proceeJS^*  ^°"   J^^^'  ^^'  That  for  the  purpose  of  ascertaining  the  value 
of  any  land  or  property  so  condemned  the  said  court  may 
direct  the  marshal  and  the  marshal  shall  accordingly  sum- 
mon eighteen  disinterested  men,  not  related  to  either  party; 
and  if  any  of  them  refuse  to  attend  he  may  then  summon 
or  call  others  immediately  to  make  up  the  number  of  eight- 
een.   Each  party  shall  have  the  right,  in  person  or  by  attor- 
ney or  agent,  if  present  at  the  time,  to  strike  off  three,  and 
the  marshal  shall  strike  off  such  as  shall  not  be  so  stricken 
.      off  by  the  parties,  until  the  number  shall  be  reduced  to 
twelve,  who  shall  be  a  jury. 
Oath.  etc.  Sec.  13.  That  the  marshal  shall  then  administer  an  oath 

or  affirmation  to  every  person  of  the  jury  that  he  will 
impartially  and  to  the  best  of  his  skill  and  judgment  value 
the  land  or  other  property  required  by  the  corporation,  and 
also,  if  the  same  be  land  required  for  the  construction  of 
the  said  railroad  or  work,  the  damage  which  the  owner  will 

inquisitionand^T^'"'  '^u^?i^'  ^^  ^^^  f^^i^g  of  the  land  for  such  use. 

report.  Alie  ]ury  shall  accordingly  inquire  of  such  value  and  dam- 

age, and  make  report  thereof  in  writing,  to  be  signed  by 
them  all,  and  setting  forth  in  case  of  land  the  boundaries 
of  the  land  and  the  estate,  interest,  or  use  to  be  taken  by 
the  corporation.  Such  inquisition  and  report  shall  be 
returned  by  the  marshal  to  the  clerk  of  the  circuit  court  of 
the  District  of  Columbia. 

to^i^"SSiJ^\  S^^-  1^-  That  such  inauisition  and  report  shall  be  con- 
Urmed  by  such  court  unless  good  cause  be  shown  to  the 
contrary,  and  when  confirmed  shall  be  recorded  by  the 
clerk  of  said  court;  but  for  cause  the  court  may  set  it  aside 


Retom. 


and  order  another  inquisition,  or  more  than  one  from  tin^^  ^a7b?2^ere?L 
to  time,  to  be  conducted  in  like  manner  as  the  first  and 
with  like  effect,  until  an  inquisition  and  report  shall  be  con- 
firmed by  the  court.  Upon  such  confirmation  of  the  first 
or  any  subsequent  inquisition  and  report  and  upon  pay-  Payment 
ment  or  tender  of  the  amount  fixed  in  the  inquisition  to  be 
paid  by  the  corporation,  either  to  the  owner  or  in  court,  as 
the  court  shall  order,  the  said  corporation  shall  be  entitled 
to  the  property  acc^ording  to  the  nature  of  such  condemna- 
tion and  appropriation  for  the  uses  mentioned  in  this  act.    p^^^^^j^^^    ^^ 

Sec.  15.  That  said  railway  shall  be  constructed  in  such  water  pipes. 
a  manner  as  not  to  injure  or  endanger  any  of  the  pipes, 
fixtures,  or  apparatus  of  the  water  works  supplying  the 
District  of  Columbia,  or  any  part  thereof,  and  the  opera- 
tions of  said  company  shall  always  be  subject  to  the  con- 
trol and  direction,  in  this  respect,  of  the  Secretary  of  War, 
and  subject  to  the  right  of  the  Secretary  of  War,  or  other 
lawful  public  authority,  to  interrupt  the  construction  or 
use  of  said  railway  whenev^er  necessary  for  the  protection 
or  repair  of  such  water  works,  or  in  respect  of  any  increase 
thereof  or  additions  thereto.  If  in  the  course  of  construc- 
tion of  said  railway,  or  at  any  time  thereafter,  it  shall  be 
deemed  by  the  Secretary  of  War  necessary  for  the  better 
protection  of  such  water  pipes,  fixtures,  or  apparatus,  or 
for  other  water  pipes,  fixtures  or  apparatus  that  may  be 
laid  or  applied,  to  raise  or  otherwise  fix  or  adjust  any  ave- 
nue, street,  road,  alley  or  public  place  containing  or  to  con- 
tain such  pipes,  or  to  otherwise  adjust  the  same  so  as  to 
produce  absolute  security  for  all  such  pipes  and  apparatus 
existing  or  to  be  laid  or  arranged  at  any  point  or  points  on 
or  contiguous  to  the  line  of  said  i-ailway,  such  changes  in 
grade  and  otherwise,  or  works,  as  shall  be  deemed  neces- 
sary by  the  Secretary  of  War  shall  be  made,  done  and 
performed  by  and  at  the  expense  of  said  railway  company, 
and  its  successors  and  assigns,  to  the  satisfaction  of  the 
Secretary  of  War;  and  the  remainder  of  width  of  any  avenue, 
street,  alley,  road,  or  other  public  place,  at  all  such  points 
or  places,  shall  be  raised,  adjusted,  repaved  and  put  in  con- 
dition, safe  for  all  such  pipes  and  apparatus,  and  in  a  man- 
ner satisfactory  to  the  Secretary  of  War,  and  in  conformity 
to  any  order  of  the  Secretary  of  War  in  the  matter,  and 
at  the  expense  of  said  company,  and  its  successors  and 
assigns.  Any  structure,  work  in  or  change  in  the  condition 
of  any  such  avenue,  street,  road,  alley  or  public  place,  not 
made  in  conformity  with  the  provisions  in  this  act  contained, 
shall  be  unlawful. 

Sec.  16.  That  Congress  hereby  reserves  to  itself  the  right 
at  any  and  all  times  to  alter,  amend,  or  repeal  this  act. 

Approved,  February  28,  1891. 


V 


Changes  of 
grade,  etc. 


Amendment 


^^' 


208        LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 
March  2, 1891.       JOINT  RESOLUTION  Correcting  an  error  in  an  enrolled  bill. 


stats. 
1114. 


26,  p 


Whereas  the  act  to  incorporate  the  Washington  and  Ar- 
lington Railway  Company,  as  enrolled,  fails  to  express 
the  intent  of  the  two  houses  as  manifested  by  the  adop- 
tion of  the  report  of  the  conference  committee  on  the 
amendments  between  the  two  houses  thereon:  Now, 
therefore,  for  the  purpose  of  correcting  said  error  and 
for  no  other  purpose, 

Resolved  hy  the  Senate  and  Rouse  of  Eepresmtatives  of 
A^fin^nRy^^^  ^^^'^^^  St(^i^^^  of  America  in  Congress  assemUed,  That 
^Error  in  char- w  ^^??  f our  of  the  act  entitled  ''An  act  to  incorporate  the 
ter  corrected.     Washmgton  and  Arlington  Railway  Company  of  the  Dis- 
trict of  Columbia  "  be,  and  same  is  hereby,  amended  so  that 
the  last  sentence  of  said  section  aft^r  the  words  "  in  accord- 
>v.  A^^^^  herewith"  shall  read  as  follows:  "And  bonds  to  be 
andST^e   secured  by  mortgage  or  deed  of  trust  upon  the  property  of 
the  company  may  be  issued  to  the  amount  of  five  hundred 
thousand  dollars:  Provided,  That  the  entire  issue  of  stock 
and  bonds  shall  not  exceed  the  actual  cost  of  constructing 
and  equipping  the  road,  including  the  bridge:  And  pro- 
mded  also.  That  the  total  amount  of  bonds  issued  shall  not 
exceed  double  the  amount  of  paid  up  stock,  and  every 
certificate  of  stock  shall  show  the  amount  paid  on  the  same. 
Approved,  March  2,  1891. 


WASHINGTON  AND  GETTYSBURG  RAILWAY  CO. 

March  3. 1899.  AN  ACT  to  authorize  the  Washington  and  Gettysburg  Railway  Com- 
pany, of  Maryland,  to  extend  its  line  of  road  into  and  within  tne 
Distnet  of  Columbia. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
the  Washington  and  Gettysburg  Railway  Company,  a  cor- 
poration duly  incorpoi-ated  under  the  laws  of  the  State  of 
Maryland,  is  hereby  authorized  to  construct  a  city  and 
suburban  division  of  said  railway  in  the  District  of  Colum- 
bia, with  single  or  double  tracks,  equip  and  operate  the 
same  for  the  carrying  of  passengers,  parcels,  milk,  garden 
truck,  and  other  small  freight,  with  the  necessary  switches, 
turn-outs,  buildings,  and  necessary  mechanical  devices, 
along  the  following-named  route:  • 

ROUTE. 

Beginning  at  the  boimdary  line  of  the  District  of  Colum- 
bia at  the  intersection  of  said  boundary  line  with  Four- 
teenth street  northeast  extended,  as  shown  on  the  proposed 
plans  of  street  extensions;  thence  by  double  track  south  on 
said  Fourteenth  street  for  a  distance  of  eight  hundred  and 
fifty  feet;  thence  in  a  westerly  direction  to  Thirteenth 
street  northeast  extended,  as  shown  on  the  plans  of  street 
extensions;  thence  south  on  Thirteenth  street  to  the  uorth 


Route. 


LAWS   EELATING   TO   STREET-BAILWAT   FRANCHISES.         209 

line  of  Bunker  Hill  road;  thence  along  the  north  side  of 
said  road,  and  wholl}^  outside  the  limits  thereof,  to  Twelfth 
street,  Brookland;  thence  south  by  single  track  on  Twelfth 
and  Duncan  streets  to  Rhode  Island  avenue;  thence  in  a 
southwesterly  direction  on  Rhode  Island  avenue  to  Tenth 
street;  thence  north  on  Tenth  and  Wallace  streets  to  and 
across  Bunker  Hill  road  to  the  north  side  thereof;  thence 
along  said  road  and  wholly  outside  thereof  to  Twelfth 
street,  connecting  with  the  double  tracks  at  that  point: 
Provided,  That  no  freight  cars  or  passenger  cars  shall  be 
switched  in  the  public  streets  of  the  District  of  Columbia, 
and  that  the  Commissioners  of  the  District  of  Columbia 
are  hereby  empowered  to  make  and  to  enforce  all  proper 
regulations  in  regard  to  handling  cars  at  terminal  points. 


im 


Switching. 


COINCIDING   ROUTE. 

Sec.  2.  That  where  this  route  coincides  with  an  existing 
street  railway,  one  set  of  ti'acks  shall  be  used  in  common, 
upon  terms  mutually  agreed  upon,  or,  in  case  of  disagree- 
ment, upon  terms  determined  by  the  supreme  court  of  the 
District  of  Columbia,  which  is  authorized  and  directed  to 
give  hearing  to  the  interested  parties  and  to  fix  the  terms 
of  joint  trackage.  Payments  for  the  use  of  the  tracks 
shall  be  made  monthly,  in  advance;  default  in  such  pay- 
ments shall  suspend  the  right  of  the  company  to  use  the 
tracks  until  such  payment  is  made;  that  the  motive  power 
shall  be  cable,  electric,  compressed  air,  or  other  mechan- 
ical power,  other  than  steam  locomotive  power;  and  wher- 
ever the  trolley  system  is  used,  a  return  wire,  similar  in 
capacity,  situation,  and  insulation  to  the  feed  wire,  shall 
be  provided  for  the  current,  and  each  car  shall  be  provided 
with  a  double  trolley;  and  no  dynamo  furnishing  power 
to  the  road,  or  any  portion  thereof,  shall  have  either  of  its 
poles  connected  to  the  earth. 

PLANS. 

Sec.  3.  That  all  plans  of  location  and  construction  shall 
be  subject  to  the  approval  of  the  Commissioners  of  the 
District  of  Columbia. 

EXCAVATIONS. 

Sec.  4.  That  excavations  in  the  highways  shall  be  made 
only  under  permits  from  the  Commissioners  of  the  Dis- 
trict of  Columbia,  and  subject  to  regulations  prescribed  by 
them. 

CONSTRUCTION. 

Sec.  5.  That  the  said  railway  and  its  appurtenances 
shall  be  constructed  in  a  substantial  and  durable  manner, 
subject  to  inspection  by  the  Commissioners  of  the  District 
of  Columbia.  All  changes  to  existing  structures  in  public 
space  shall  be  made  at  the  expense  of  the  company. 

16400—05 14 


Coinciding 
route. 


Plana. 


Excavationa 


Construction 


210        LAWS    RELATING   TO    STBEET-EAILW  A Y    FRANCHISES. 


DEPOSITS. 


Deposits. 


cent 


1 


Sec.  6.  That  the  said  company  shall  deposit  such  sums 
as  the  Commissioners  of  the  District  of  Columbia  may 
require,  to  cover  the  cost  of  District  inspection  and  the  cost 
of  changes  to  public  works  in  the  streets. 

CABE   OF  ROADWAY. 

iStUTraJks?*'.,  ^^9:  '^-  T^a*  ^^^  company  shall  keep  the  space  between 
Its  rails  and  tracks  and  two  feet  exterior  thereto  in  good 
condition,  to  the  satisfaction  of  the  Commissioners  of  the 
District  of  Columbia.  The  pavement  of  these  spaces  shall 
be  at  least  as  good  as  that  of  the  contiguous  roadway. 
The  proper  authorities  shall  have  the  right  to  make  changes 
of  grade  and  other  improvements  which  they  may  deem 
necessary;  and  when  any  nigh  way  occupied  by  the  com- 
pany is  improved,  the  company  shall  bear  the  entire  expense 
of  improving  said  spaces  to  correspond  with  the  remainder 
of  the  roadway.  The  requirements  of  this  section  shall 
be  enforceable  under  the  provisions  of  section  five  of  the 
Act  providing  a  permanent  form  of  government  for  the 
District  of  Columbia,  approved  June  eleventh,  eighteen 
hundred  and  seventy-eight. 

GUARANTEE   DEPOSIT. 

^^^oranteed  de-  Sec.  8.  That  within  sixty  days  from  the  approval  of 
this  Act  the  company  shall  deposit  one  thousand  dollars 
with  the  collector  of  taxes  of  the  District  of  Columbia,  to 
guarantee  the  construction  of  its  railway  within  the  pre- 
scribed time.  If  this  sum  is  not  so  deposited  this  charter 
shall  be  void.  If  the  sum  is  so  deposited  and  the  road  is 
not  m  operation  as  herein  prescribed,  said  one  thousand 
dollars  shall  be  forfeited  to  the  District  of  Columbia  and 
this  charter  shall  be  void. 


CaxB. 


Time-table. 


speeci. 


CARS. 

Sec.  9.  That  the  cars  shall  be  first-class  and  shall  be 
kept  in  good  condition,  to  the  satisfaction  of  the  Commis- 
sioners of  the  District  of  Columbia. 

TIME-TABLE. 

Sec.  10.  That  the  cars  shall  be  run  as  often  as  the  public 
convenience  requires,  on  a  time-table  satisfactory  to  the 
Commissioners  of  the  District  of  Columbia  and  approved 
by  them. 

SPEED. 

Sec.  11.  That  the  speed  of  cars  shall  be  subject  to  the 
police  regulations  of  the  District  of  Columbia. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES 


EJECTMENT  FROM  CARS. 


211 


Sec.  12.  That  persons  drunk,  disorderly,  contagiously    Ejectment 
diseased,  or  refusing  to  pay  the  legal  fare  may  be  ejected  ^^  **"* 
from  the  cars  by  the  officers  in  charge  thereof. 


ARTICLES  LEFT  IN   CARS. 

Sec.  13.  That  as  far  as  possible  articles  left  in  cars  shall   LoBtarticiei. 
be  cared  for  by  the  company,  to  the  end  that  they  may  be 
returned  to  the  rightful  owner. 

FARE. 

Sec.  14.  That  the  rate  of  fare  which  may  be  charged  Fare, 
for  the  transportation  of  passengers  over  the  lines  of  said 
company  within  the  District  of  Columbia  shall  not  exceed 
five  cents  per  passenger,  and  six  tickets  shall  be  sold  for 
twenty-five  cents:  Provided^  how&i)er^  That  the  said  Wash- 
ington and  Gettysburg  Railway  Company,  the  Maryland 
and  Washington  Railway  Company,  and  the  Eckington  and 
Soldiers'  Home  Railway  Company  are  hereby  required  to 
issue  free  transfers,  so  that  for  the  payment  of  one  fare  a 
passenger  on  any  one  of  the  roads  shall  have  the  privilege 
of  a  continuous  ride  over  the  lines  of  the  other  two  or 
either  of  them. 

BUILDINGS. 

Sec.  15.  That  the  company  is  authorized  to  erect  and  Buiidingi. 
maintain  the  buildings  necessary  to  the  operation  of  its 
road,  subject  to  the  building  regulations  of  the  District  of 
Columbia.  The  company  shall  erect  and  maintain  passen- 
ger rooms  and  transfer  stations  as  req^uired  by  the  Com- 
missioners of  the  District  of  Columbia.  All  passenger 
rooms  and  transfer  stations  shall  be  Drovided  with  such 
conveniences  for  the  public  as  said  Commissioners  may 
direct. 


i 


LAND. 


Sec.  16.  That  the  company  is  authorized  to  acquire,  by  ^4^^°^**®™**** 
purchase  or  condemnation,  the  necessary  land  for  its  au- 
thorized right  of  way  and  to  issue  its  bonds  or  other  evi-    Bonds, 
dences  of  debt,  secured  by  mortgage  or  deed  of  trust  on 
its  properties  and  franchises:  Provided,  That  the  total 
issue  of  said  bonds  shall  not  in  the  aggregate  exceed  the 
amount  necessary  for  the  construction  and  equipment  of 
said  railroad,  and  before  any  bond  or  trust  deea  shall  be 
executed  the  amount  of  bonds  necessary  to  be  issued  shall    Limit  of  issae. 
be  ascertained  and  fixed  b}'^  the  Commissioners  of  the  Dis- 
trict of  Columbia;  and  for  this  purpose  said  Commissioners 
are  hereby  authorized  to  subpoena  and  examine  witnesses 
and  take  such  testimony  as  may  be  necessary  to  enable 
them  to  make  such  determination  and  fix  the  amount  of 


Taxes. 


ii 


212        LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 

issue:  And  provided  further^  That  an  appeal  may  be  taken 
from  the  decision  of  said  Commissioners  to  the  supreme 
court  of  the  District  of  Columbia;  and  all  bonds  issued  in 
excess  of  the  amount  authorized  by  said  Commissioners  or 
said  court,  or  in  violation  of  the  provision  of  this  Act, 
shall  be  null  and  void. 

TAXES. 

Sec.  17.  That  said  road  shall  annually  pay  a  franchise 
tax  to  the  tax  collector  of  the  District  of  Columbia  of  five- 
eighths  of  one  per  centum  of  the  entire  gross  earnings  of 
such  company;  that  there  shall  be  levied  and  collected  in 
addition  to  such  franchise  tax,  upon  all  the  real  estate  of 
said  company,  a  tax  in  the  same  manner  and  to  the  same 
extent  as  upon  all  other  real  estate  of  the  District  of 
Columbia;  and  in  addition  to  said  taxes  shall  pay  an  annual 
tax  of  two  per  centum  on  their  entire  gross  earnings  within 
the  District  of  Columbia. 

CHANGES  IN  GRADES. 

Sec.  18.  That  nothing  in  this  Act  shall  prevent  the  Dis- 
trict of  Columbia  at  any  time,  at  its  option,  from  altering 
the  grade  of  any  avenue,  street,  or  highway  occupied  by 
said  railway  or  from  altering  and  improving  streets,  ave- 
nues, highways,  and  the  sewerage  thereof;  and  said  com- 
pany shall  change  its  railway  construction  and  pavements 
so  as  to  conform  to  such  grades  and  improvements  as  may 
have  been  or  may  be  established. 

TELEGRAPH  AND  TELEPHONE  LINES. 

telephone  lines.  Sec.  19.  That  said  company  is  also  authorized  to  con- 
struct and  operate,  for  its  own  use  only,  telegraph  and 
telephone  lines  along  its  railway,  as  herein  provided  for, 
subject  to  the  approval  of  the  Commissioners  of  the  Dis- 
trict of  Columbia. 


LAWS    relating   TO   STREET-RAILWAY    FRANCHISES.         213 


Changes 
grades. 


In 


Completion. 


To  be  r^u- 
lated  by  Com- 
missioners. 


COMMENCEMENT  AND  COMPLETION. 

Sec.  20.  That  the  construction  of  the  said  extension  on 
the  lines  of  the  said  railway  company  within  the  District 
of  Columbia  shall  be  commenced  within  one  year  of  the 
passage  of  this  Act  and  be  completed  and  cars  running 
thereupon  for  passenger  traflSc  within  two  years  from  the 
passage  of  this  Act,  in  default  of  which  this  Act  shall  be 
void  and  of  no  effect  in  so  far  as  the  said  line  shall  not 
be  so  completed. 

COMMISSIONERS  OF  THE  DISTRICT  OF  COLUMBIA. 

Sec.  21.  That  the  construction,  adoption  of  motive 
power,  erection  of  buildings,  regulation  of  schedule  and 
sped  of  running,  shall  be  at  all  times  under  the  supervi- 
sion and  control  of  the  Commissioners  of  the  District  of 
Columbia. 


PENALTIES. 

Sec.  22.  That  each  and  every  violation  of  the  require- 
ments of  this  Act  shall  be  punishable  by  a  fine  of  from 
twenty-five  to  one  thousand  dollars,  in  the  discretion  of 
the  court,  such  fines  to  be  collectible  in  any  court  of  com- 
petent jurisdiction  as  other  fines  and  penalties  are  collected 
m  the  District  of  Columbia. 

amendment;  repeal. 

Sec.  23.  That  Congress  reserves  the  right  to  alter, 
amend,  or  repeal  this  Act. 

Approved,  March  3,  1899. 


Penalties. 


JOINT  RESOLUTION  Extending  the  time  within  which  certain  street    March  i,  1901. 
railroads  in  the  District  of  Columbia  may  be  constructed.  '■ '• 


Resolved  hy  tlve  Senate  and  House  of  Representatives  of 
the  United  States  of  Am^erica  in  Congress  a^sembled^  That 
the  time  within  which  the  Washington  and  Gettysburg  Time  extended. 
Railway  Company,  of  Maryland,  is  allowed  to  extend  its 
lines  into  and  within  the  District  of  Columbia  be,  and  the 
same  is  hereby,  extended  for  two  years  from  and  after  the 
passage  of  this  resolution. 

Sec.  2.  That  the  time  within  which  the  Columbia  Rail-  coiumbiaRaii- 
way  is  authorized  to  construct  an  extension  of  its  lines  ^*^' 
from  the  intersection  of  Watts  Creek  and  Anacostia  road 
along  the  Anacostia  road  to  its  intersection  with  the  east- 
ern boundary  line  of  the  District  of  Columbia  be,  and  the 
same  is  hereby,  extended  for  two  years  from  the  passage 
of  this  resolution:  Provided^  That  said  branch  of  said 
railway  shall  be  constructed  in  or  along  said  Anacostia 
road  in  accordance  with  plans  to  be  approved  by  the  Com- 
missioners of  the  District  of  Columbia. 

Approved,  March  1,  1901. 


AN  ACT  Requiring  the  Anacostia  and  Potomac  River  Railroad  Com-    July  i,  1902. 
pany  to  extend  its  Eleventh  street  line,  and  for  other  purposes.       

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  p^^^^^f"** 
of  the  United  States  of  America  in  Congress  a^senmMed^  That  Railroad    com- 
the  Anacostia  and  rotomac  River  Ilailroad  Company,  of  ^^^' 
the  District  of  Columbia,  be,  and  it  hereby  is,  authorized 
and  required  to  construct  the  necessary  tracks  and  to  make 
the  necessary  connections  for  the  purpose  of  operating  its 
cars  by  the  underground  electric  system,  such  as  is  now  in 
use  on  its  ElevenSi  street  line,  over  and  along  the  follow- 
ing route,  namely:  Beginning  at  the  northern  terminus  of 
its  Eleventh  street  line  at  Eleventh  street  and  Florida 
avenue  north,  by  double  track,  along  Eleventh  street  to 
Lydecker  avenue:  Provided^  That  until  the  line  of  railroad 


f 


214        LAWS   BELATING   TO   STREET-RAILWAY   FRANCHISES. 

on  Eleventh  street  is  further  extended,  cars  may  be 
switched  on  Eleventh  street  between  Whitney  and  Ly decker 
avenues:  And  provided  further^  That  until  provision  is 
made  for  a  further  extension  of  the  line  of  the  Metropoli- 
tan Railroad  Conapany  on  Old  Sixteenth  street  cars  may 
be  switched  on  Old  Sixteenth  street  between  Grant  and 
Park  streets. 

Sec.  2.  That  the  extension  herein  authorized  shall  be 
completed  and  the  cars  operated  thereon  within  two  years 
from  the  date  of  the  issuance  of  a  permit  by  the  Commis- 
sioners of  the  District  of  Columbia. 

Sec.  3.  That  the  extension  herein  provided  for  shall  be 
constructed  in  accordance  with  plans  satisfactory  to  the 
CoDDunissioners  of  the  District  of  Columbia  and  approved 
by  them. 

Sec.  4.  That  the  said  Anacostia  and  Potomac  River  Rail- 
road Company  shall  have  over  and  respecting  the  route 
herein  provided  for  the  same  rights,  powers,  and  privileges 
it  has,  or  hereafter  may  have,  by  law  over  and  respecting 
its  other  routes,  and  be  subject  in  respect  thereto  to  all  the 
other  provisions  of  its  charter  and  of  law. 

anYoett^fbtSS  r.  ^f^ V^'  ^^^  .*,^®  ^^^  ^'^^^^"^  which  the  Washington  and 
Rwj.  time  ex- ijettysburg  Railway  Company  shall  construct  its  line 
tended.  within  the  District  of  Columbia  is  extended  two  years  from 

March  first,  nineteen  hundred  and  three. 
Sec.  6.  That  Congress  reserves  the  right  to  amend,  alter, 

or  repeal  this  Act. 

Approved,  July  1,  1902. 


LAWS    RELATING   TO   STREET-RAILWAY   FRANCHISES. 


215 


May  7, 1898. 


!l 


WASHINGTON  AND  GLEN  ECHO  R.  E.  CO. 

AN  ACT  To  authorize  the  Washington  and  Glen  Echo  Railroad  Com- 
pany to  obtain  a  right  of  way  and  construct  tracks  into  the  District 
of  Columbia  six  hundred  feet. 

Be  it  enacted  ly  the  Semite  and  Rmise  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled^  That 
the  Washington  and  Glen  Echo  Railroad  Company,  a  cor- 
poration organized  under  the  laws  of  the  State  of  Mary- 
land and  operating  a  street  railway  in  said  State,  the  eastern 
terminus  being  at  or  near  the  northern  boundary  of  the 
District  of  Columbia  in  Chevy  Chase,  be,  and  said  corpo- 
ration is  hereby,  authorized  and  empowered  to  obtain  a 
right  of  way  and  construct  its  road  and  lay  double  tracks 

DiT?n?t*^S?*cS^*^®^®^°  ^"^^  ^^^  District  of  Columbia  a  distance  of  six 
lumbia.  hundred  feet,  and  no  farther,  from  the  point  in  the  bound- 

ary line  of  the  District  where  said  railway  extended  crosses 
the  boundary  line  of  the  District  and  from  said  point  to  a 
point  on  the  west  line  of  Connecticut  avenue  extended,  on 
a  route  to  be  approved  by  the  Commissioners  of  the  Dis- 
trict of  Columbia,  said  corporation  to  have  full  power  and 
authority  to  operate  cars  upon  said  road  for  the  purpose 
of  its  traffic;  said  corporation  to  use  electric  motive  power 


in  propelling  its  cars:  Provided^  That  no  fares  shall  be    y^^.^ 
charged  or  collected  within  the  District  of  Columbia; 
And  provided  further^  That  unless  the  extension  herein    Forfeiture. 
provided  for  shall  be  completed  within  six  months  from 
the  date  of  the  approval  of  this  Act,  then  this  Act  shall  be 
null  and  void:  And  provided  further^  That  the  Commis- 
sioners of  the  District  of  Columbia  shall  have  the  power  t^^SX'l^i" 
to  make  and  to  enforce  all  reasonable  and  usual  regulations  tions. 
for  the  operation  and  maintenance  of  that  portion  of  the 
lines  within  the  District  of  Columbia. 

Sec.  2.  That    Congress    reserves  the  right  to  alter, 
amend,  or  repeal  this  Act. 

Approved,  May  7,  1898. 


WASHINGTON  AND  UNIVERSITY  RAILROAD. 

AN  ACT  To  incorporate  the  Washington  and  University  Railroad    July  8, 1898. 
Company  of  the  District  of  Columbia. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled^  That 
J.  D.  Croissant,  Frederick  C.  Kennedy,  A.  O.  Humphrey,  and  *^unrvlreit? 
David  D.  Stone,  John  J.  Flynn,  V.  K.  Nash,  and  Charles  Railroad. 
S.  Lord,  and  their  associates,  successors,  and  assigns, 
are  hereby  created  a  body  corporate  under  the  name  of 
the  Washington  and  University  Railroad  Company  of  the 
District  of  Columbia. 

ROUTE. 

Sec.  2.  That  the  company  is  authorized  to  construct  and  i^oute. 
operate  a  street  railway  for  carrying  passengers  along  the 
following-named  route:  Beginning  at  or  near  the  intersec- 
tion of  tne  Tennallytown  road  and  Quincy  street;  thence 
westerly  on  Quincy  street  to  Forty -fourth  street; 
northerly  on  Forty-fourth  street  to  Vallejo  street: 
westerly  on  Vallejo  street  to  Forty-seventh  street: 
northerly  on  Forty-seventh  street  to  Flint  street; 
west  on  Flint  street  to  Boundary  avenue;  thence  southerly 
on  Boundary  avenue  to  Forty -eighth  street;  thence  south- 
erly on  Forty-eighth  street  to  Brandy  wine  street;  thence 
easterly  on  Brandywine  street  to  Forty-seventh  street,  as 
shown  upon  the  plans  of  the  third  section  of  highway 
extensions:  Provided^  That  where  this  route  lies  within  the 
lines  of  a  proposed  highway  the  company  shall  acquire  a 
right  of  way  not  less  than  thirty  feet  wide  in  the  center 
thereof,  and  all  rights  of  way  acquired  within  the  lines  of 
proposed  highways  shall  be  dedicated  to  the  use  of  the 
public  before  a  permit  is  issued  for  the  construction  of  a 
railroad  therein. 

MOTIVE  POWER. 

Sec.  3.  That  the  motive  power  shall  be  electricity,  and    m°"^«  p**^«'- 
if  the  trolley  system  is  used  a  return  wire  of  equal  capacity 
to  the  feed  wire,  and  similarly  insulated,  must  oe  provided, 


thence 
thence 
thence 
thence 


216        LAWS    RELATING   TO   STREET-RAILWAY    FRANCHISES. 

"and  each  car  shall  be  equipped  with  a  double  trolley.  No 
portion  of  the  electrical  circuit  shall,  under  any  circum- 
stances, be  allowed  to  pass  through  the  earth,  and  neither 
Eole  of  any  dynamo  furnishing  power  to  the  line  shall 
e  grounded. 

PLANS. 


Plans 


Sec.  4.  That  all  plans  of  location  and  construction  shall 
be  subject  to  the  approval  of  the  Commissioners  of  the 
District  of  Columbia. 


EXCAVATIONS. 


|y 


Excavations. 


Sec.  5.  That  excavations  in  the  highways  shall  be  made 
under  permits  from  the  Commissioners,  and  subject  to 
regulations  prescribed  by  them. 


CONSTRUCTION. 


Constniction. 


Sec.  6.  That  the  railway  and  its  appurtenances  shall  be 
constructed  in  a  substantial  and  durable  manner.  Such 
construction  shall  at  all  times  be  subject  to  District  inspec- 
tion. All  changes  to  existing  structures  in  public  space 
shall  be  made  at  the  expense  of  the  company. 


Deposits. 


DEPOSITS. 

Sec.  7.  That  the  company  shall  deposit  such  sums  as 
the  Commissioners  may  require  to  cover  the  cost  of  Dis- 
trict inspection  and  the  cost  of  changes  to  public  works  in 
the  streets. 

CARE  OF   ROADWAY. 

wayf^  ®'  ™*^"  Sec.  8.  That  the  company  shall  keep  the  space  between 
its  rails  and  tracks  and  two  feet  exterior  thereto  in  good 
condition,  to  the  satisfaction  of  the  (commissioners;  and 
said  spaces  shall  be  kept  in  such  condition  that  vehicles  can 
readily  and  easily  pass  from  one  side  of  the  tracks  to  the 
other.  The  pavement  of  these  spaces  shall  be  at  least  as 
good  as  that  of  the  contiguous  roadway.  The  proper 
authorities  shall  have  the  right  to  make  changes  of  grade 
and  other  improvements  which  they  may  deem  necessary; 
and  when  any  highway  occupied  by  the  company  is  im- 
proved the  company  shall  bear  the  entire  expense  of  im- 
proving said  spaces  to  correspond  with  the  remainder  of 
the  roadway.  The  requirements  of  this  section  shall  be 
enforceable  under  the  provisions  of  section  five  of  the  Act 
providing  a  permanent  form  of  government  for  the  Dis- 
trict of  Columbia,  approved  June  eleventh,  eighteen  hun- 
dred and  seventy- eight. 


COMPLETION. 


Completion. 


Sec.  9.  That  the  road  shall  be  in  operation  for  its  entire 
length  within  the  District  of  Columbia  within  two  years 
from  the  approval  of  this  Act. 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES.         2l7 
GUARANTEE  DEPOSIT. 

Sec.  10.  That  within  sixty  days  from  the  approval  of  this  Gjiarantee  de- 
Act  the  company  shall  deposit  one  thousand  aollars  with  ^ 
the  collector  of  taxes  of  the  District  of  Columbia  to  guar- 
antee the  construction  of  its  railway  within  the  prescribed 
time.  If  this  sum  is  not  so  deposited  this  charter  shall  be 
void.  If  the  sum  is  so  deposited  and  the  road  is  not  in 
operation  as  herein  prescribed  said  one  thousand  dollars 
shall  be  forfeited  to  the  District  of  Columbia  and  this 
charter  shall  be  void. 

CARS. 

Sec.  11.  That  the  cars  shall  be  first  class,  and  shall  be   ca«. 
kept  in  good  condition,  to  the  satisfaction  of  the  Commis- 
sioners. 

timeT-table. 

Sec.  12.  That  the  cars  shall  be  run  as  often  as  the  public    Time-taWa 
convenience  requires,  on  a  time-table  satisfactory  to  the 
Commissioners  and  approved  by  them. 

SPEED. 

Sec.  13.  That  the  speed  of  cars  shall  be  subject  to  the   speed, 
police  regulations  of  the  District  of  Columbia. 

EJECTMENT  FROM  CARS. 

Sec.  14.  That  persons  drunk,  disorderly,  contagiously  j^j^^"'®'** 
diseased,  or  refusing  to  pay  the  legal  fare  may  be  ejected 
from  the  cars  by  the  officers  in  charge  thereof. 

ARTICLES  LEFT  IN  CARS. 

Sec.  15.  That  as  far  as  possible  articles  left  in  cars  shall  ^^"^^^  *®"  ^ 
be  cared  for  by  the  company,  to  the  end  that  they  may  be 
restored  to  the  rightful  owner. 


;  1f| 


311 


FARE. 

Sec.  16.  That  the  rate  of  fare  within  the  District  of 
Columbia  shall  not  exceed  five  cents  per  passenger,  and 
six  tickets  shall  be  sold  for  twenty-five  cents. 

BUILDINGS. 

Sec.  17.  That  the  company  is  authorized  to  erect  and 
maintain  the  buildings  necessary  to  the  operation  of  its 
road,  subject  to  the  building  regulations  of  the  District  of 
Columbia.  The  company  shall  erect  and  maintain  passen- 
ger rooms  and  transfer  stations  as  required  by  the  Com- 
missioners, and  proper  conveniences  for  the  public  shall 
be  provided  at  such  rooms  and  stations. 


Fare. 


Buildings. 


218        LAWS   RELATING   TO   STREET-BAILWAY   FRANCHISES. 


LAND. 


Land. 


OTgani2aiion. 


Ii 


Sec.  18.  That  the  company  is  authorized  to  acquire,  by 
purchase  or  condemnation,  the  necessary  land  for  its 
authorized  right  of  way. 


ORGANIZATION. 

Sec.  19.  That  the  corporators  shall  open  books  of  sub- 
scription to  the  capital  stock  of  the  company  within  three 
months  from  the  approval  of  this  Act,  of  which  previous 
notice  shall  be  ^iven  every  day  for  one  week  W  advertise- 
ment in  a  newspaper  published  in  the  city  of  Washington. 
The  corporators  herem  named  shall  be  individually  liable 
for  moneys  received  for  subscriptions  to  the  capital  stock 

Erior  to  the  organization  of  the  company  by  the  stock- 
olders.  Within  si;x  months  from  the  approval  of  this 
.  Act  the  company  shall  be  organized  by  the  stockholders, 
for  which  purpose  the  corporators  shall  call  a  meeting  of 
the  stockholders,  notifying  them  of  the  purpose,  time,  and 
place  of  such  meeting  by  a  letter  mailed  to  each,  and  giv- 
ing additional  notice,  by  advertisement  in  a  newspaper 
published  in  the  city  of  Washington,  every  day  for  one 
week  previous  to  such  meeting;  and  thereafter  the  stock- 
holders shall  meet  at  least  once  a  year,  and  such  notice 
shall  be  given  of  each  meeting.  Each  share  of  paid-up 
stock  shall  entitle  the  holder  to  one  vote.  The  stock- 
holders are  empowered  to  elect  a  president,  a  treasurer,  a 
secretary,  a  board  of  directors,  and  other  officers,  and  to 
make  by-laws  and  regulations  for  the  government  of  the 
company. 

CAPITAL  STOCK. 

Capital  stock.  Sec.  20.  That  the  company  is  authorized  to  issue  bonds 
and  capital  stock,  said  stock  to  be  in  shares  of  ten  dollars 
each:  Provided^  however^  That  the  total  issue  of  said  bonds 
and  stock  shall  not  in  the  aggregate  exceed  the  amount 
necessary  for  the  cost  of  construction  and  equipment  of 
its  railway  and  buildings;  and  before  any  bonds  or  stock 
shall  be  issued  the  amount  thereof  shall  be  ascertained  and 
fixed  by  the  Commissioners  of  the  District  of  Columbia; 
and  for  this  purpose  said  Commissioners  are  hereby  au- 
thorized to  subpoena  and  examine  witnesses  and  take  such 
testimony  as  may  be  necessarv  to  enable  them  to  make 
such  determination  and  fix  the  amount  of  issue:  And 
provided  further^  That  an  appeal  may  be  taken  from 
the  decision  of  said  Commissioners  to  the  supreme  court 
of  the  District  of  Columbia.  And  all  bonds  or  stock 
issued  in  excess  of  the  amount  authorized  by  said  Com- 
missioners or  said  court,  or  in  violation  of  the  provisions 
of  this  Act,  shall  be  null  and  void.  Stock  sold  by  the 
company  shall  be  fully  paid  for  before  delivery  to  pur- 
chaser. Stockholders  shall  be  individually  liable  to  the 
extent  of  the  value  of  the  stock  held  by  them. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.        219 


TAXES. 

Sec.  21.  That  the  Washington  and  University  Railroad  Taxes. 
Company  shall  annually  pay  to  the  District  of  Columbia  a 
franchise  tax  of  five-eighths  of  one  per  centum  of  the 
entire  gross  earnings  of  such  company,  and  a  personal  tax 
of  two  per  centum  per  annum  on  the  entire  gross  earnings 
of  said  company.  There  shall  also  be  levied  and  collected 
upon  all  of  the  real  estate  of  said  company  a  tax  in  the 
same  manner  and  to  the  same  extent  as  upon  all  other  real 
estate  in  the  District  of  Columbia;  said  taxes  shall  be  due 
and  payable,  subject  to  the  same  penalties  on  arrears,  and 
collectible  in  the  same  manner  as  other  taxes  in  the  Dis- 
trict of  Columbia. 

penalties. 

Sec.  22.  That  each  and  every  violation  of  the  require-  Penalties, 
ments  of  this  Act  shall  be  punishable  by  a  fine  of  from 
twenty-five  to  one  thousand  dollars,  in  the  discretion  of 
the  court;  such  fines  to  be  collectible  in  any  court  of  com- 
petent jurisdiction  as  other  fines  and  penalties  are  collected 
in  the  District  of  Columbia. 

amendment;  repeal. 

Sec.  28.  That  Congress  reserves  the  right  to  alter,  ^^1^°*^°^^^^' 
amend,  or  repeal  this  Act. 
Approved,  July  8,  1898. 


ii| 


an  act  To  amend  the  Act  of  Congress  approved  July  eighth,  eighteen    March  8.  1899. 
hundred  and  ninety-eight,  entitled  "An   Act  to  incorporate  the 
Washington  and  University  Railroad  Company  of  the  Distnct  of 
Columbia." 

Be  it  enacted  hy  the  Senate  and  Home  of  Rejpresentatwes 
of  the  United  States  of  America  in  Congress  assetnUed,  That 
section  two  of  the  Act  of  Congress  approved  July  eighth, 
eighteen  hundred  and  ninety- eight,  entitled  ''An  Act  to 
incorporate  the  Washington  and  University  Railroad 
Company  of  the  District  of  Columbia,"  be,  and  the  same 
is  hereby,  amended  so  as  to  read  and  be  as  follows: 

"Sec.  2.  That  the  company  is  authorized  to  construct  Amended  route. 
and  operate  a  street  railway  for  carrying  passengers  along 
the  following-named  route:  Beginning  at  or  near  the  in- 
tersection of  Wisconsin  avenue  or  the  Tenallj^town  road 
with  Trenton  street;  thence  westerly  on  Trenton  street  to 
Forty-fourth  street;  thence  northerly  on  Forty-fourth 
street  to  Vallejo  street;  thence  westerly  on  Vallejo  street 
to  Forty-seventh  street;  thence  northerly  on  Forty -seventh 
street  to  Flint  street;  thence  west  on  Flint  street  to 
Boundary  avenue;  thence  southerly  on  Boundary  avenue 
to  Forty-eighth  street;  thence  southerly  on  Forty-eighth 
street  to  Brandy  wine  street;  thence  easterly  on  Brandy- 
wine  street  to  Forty-seventh  street,  as  shown  upon  the 


220        LAWS   RELATING    TO   STREET-RAILWAY    FRANCHISES. 

?lans  of  the  third  section  of  highway  extensions:  Provided, 
'hat  where  this  route  lies  within  the  lines  of  a  proposed 
Right  of  way.  highway  the  company  shall  acquire  a  right  of  way  not  less 
than  thirty  feet  wide  in  the  center  thereof,  and  all  rights 
of  way  acquired  within  the  lines  of  proposed  highways 
Dedication,     ghall  be  dedicated  to  the  use  of  the  public  before  a  permit 
is  issued  for  the  construction  of  a  railroad  therein. 
Approved,  March  3,  1899. 


m 


li 


WASHINGTON,  WOODSIDE  AND  FOEEST  GLEN  BAIL- 
WAY  AND  POWER  COMPANY. 

June  29. 1898.    ^j^  ^CT  Relating  to  the  Washington,  Woodside  and  Forest  Glen  Rail 
way  and  Power  Company,  of  Montgomery  County,  Maryland. 

Be  it  e7iacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled^  That 
the  Washington,  Woodside  and  Forest  Glen  Railway  and 
Power  Company,  of  Montgomery  County,  Maryland,  a 
corporation  created,  organized,  and  existing  under  and  by 
virtue  of  the  laws  of  the  State  of  Maryland,  shall  have 
Brightwood  the  right  to  run  its  vehicles  over  the  tracks  of  the  Bright- 
Kaiiway.  wood  Railway  Company,  and  to  use  the  power  of  that  com- 

pany for  propelling  its  cars,  or  to  furnish  power  to  that 
company  for  that  purpose,  upon  such  terms  and  conditions 
as  ma}^  be  mutually  agreed  upon;  and  in  case  said  com- 
panies are  unable  to  agree  in  regard  thereto,  either  com- 
pany may  apply  by  petition  to  the  supreme  court  of  the 
District  of  Columbia,  and  after  reasonable  notice  thereof 
to  the  other  party  said  court  shall,  upon  hearing  and 
investigation  being  had,  have  full  power  to  adjudicate  and 
finally  determine  tne  terms  and  conditions  upon  which  the 
Connecting  joint  use  of  Said  power  and  tracks  shall  be  enjoyed;  and 
the  said  companies  are  each  hereby  severally  authorized 
to  enter  into  any  agreement  with  each  other  as  may  be 
necessary  to  insure  a  continuity  of  traflSc  over  the  tracks 
of  said  companies  and  under  the  management  of  either  of 
said  companies:  Provided^  That  nothing  contained  herein 
shall  operate  to  relieve  the  Brightwood  Railway  Company 
of  any  of  its  charter  obligations,  limitations,  requirements, 
and  restrictions,  all  of  which  shall  remain  in  full  force  and 
effect,  and  shall  be  binding  in  all  respects  upon  any  com- 
pany operating  cars  upon  the  route  of  said  Brightwood 
Railway  Company. 

Sec.  2.  That  Congress  reserves  the  right  to  amend  or 
repeal  this  Act. 

Approved,  June  29,  1898 


routes, 


WASHINGTON  AND  GREAT  FALLS  ELECTEIC  RAILWAY  COMPANY. 

AN  ACT  To  incorporate  the  Washington  and  Great  Falls  Electric  Rail-    July  29, 1892. 

way  Company.  stats.  27,  p.  326. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  inat^nd  Great  Fails 
W.  C.  Codd,  and  James  F.  Morrison,  of  the  Stete  of  Mary-  ^le^tneRaiiway 
land  and  James  L.  Barbour,  James  Robbms,  bmith  i:'ettit,  porated  (amend- 
John  G.  Slater,  Edwin  Baltzley,  Edward  Baltzley,  J.  P.  ^>- 
Clark,  Simson  De.  F.  Jennings,  and  Edward  B.  Gottrell, 
of  the  District  of  Columbia,  and  their  associates  and  suc- 
cessors, are  hereby  created  a  body  politic  and  corporate,  m 
fact  and  in  law,  by  the  name  of  the  Washington  and  Great 
Falls  Electric  Railway  Company,  and  by  that  name  shall 
have  perpetual  succession,  and  shall  be  able  to  sue  and  be 
sued,  plead  and  be  impleaded,  defend  and  be  defended  m 
all  courts  of  law  and  equity,  and  may  make  and  have  a 
common  seal,  and  alter  the  same  at  their  pleasure;  and  the 
said  corporation  is  hereby  authorized  to  locate,  construct, 
equip,  maintain,  and  operate  a  continuous  line  of  single  or 
double  ti-ack  railway,  and  all  necessary  sidings,  stations, 
switches,  turn-outs,  and  other  devices,  and  to  operate  the 
same  by  electricity  through  and  along  the  f  ollowmg  named 
streets,  avenues,  and  roads,  to  wit:  Beginning  at  a  point     Route  (repeal- 
to  be  located  by  the  Commissioners  of  the  District  of 
Columbia,  west  of  the  north  end  of  the  Aqueduct  Bridge, 
and  running  thence  west  over  the  Canal  road  on  an  ele- 
vated railway  of  iron  colums  [«^c]  and  beams,  with  wood 
cross-ties  and  guards,  to  be  built  so  as  not  to  interfere  with 
the  use  of  the  Chesapeake  and  Ohio  Canal  and  so  as  to  pre- 
serve to  the  public  the  full  use  of  the  Canal  road.     The 
said  company  shall  submit  the  plans  of  said  elevated  rail- 
way to  the  Commissioners  of  the  District  of  Columbia  for 
their  approval,  and  no  work  shall  be  done  on  said  railway 
by  said  company  before  such  approval  in  writing.     In 
respect  of  everything  that  may  pertain  to  the  strength  of 
the  structure  and  to  the  safety  and  convenience  of  the 
public  the  construction  and  operating  of  said  elevated 
railway  shall  at  all  times  be  subject  to  the  control  and 
approval  of  the  said  Commissioners,  and  the  said  company 
shall  make  good  to  the  District  of  Columbia  all  damages 
done  by  it  or  by  its  contracting  agents  to  the  Canal  road 
and  other  roads  belonging  to  the  District  of  Colmnbia,  and 
shall  also  make  good  to  the  District  of  Columbia  all  the 
costs  of  inspection  of  the  company's  work  by  the  au- 

i  221 


I 


I; 


222        LAWS  RELATING   TO   STREET-RAILWAY   FRANCHISES. 

thorized  agents  of  the  said  District.  In  respect  of  every- 
thing that  may  pertain  to  the  safety  of  the  United  States 

Water  mains,  water  mains  in  the  Canal  road,  the  plans,  the  construc- 
tion, and  the  operating  of  said  elevated  railway  shall 
be  subject  to  the  control  and  approval  of  the  Secretary  of 
War.  For  the  safety  of  travel  on  said  Canal  road,  and  before 
commencing  to  run  its  cars  on  said  elevated  railway,  and 
subject  to  the  inspection  and  approval  of  the  Commission- 
ers of  the  District  of  Columbia,  the  said  company  shall,  at  its 
roa!i??re"  Sedf  ^^^  expense,  construct  a  substantial  masonry  wall  between 
^^  said  Canal  road  and  the  Chesapeake  and  Ohio  Canal 
throughout  the  entire  distance  on  said  road  occupied  by 
said  elevated  railway;  and  the  said  company  also  at  its 
own  expense  and  witnin  the  same  time  and  subject  to  the 
same  approval  and  acceptance,  shall  pave  the  said  portion 
of  said  road  with  granite  blocks  or  vitrified  brick  in  the 

Boute.  best  manner.     From  the  Canal  road  the  route  of  said  rail- 

way is  to  run  westerly  along  the  top  of  the  bluff  on  the 
north  side  of  the  Canal  road,  and  outside  and  south  of  the 
southern  boundary  of  the  land  of  the  Washington  Aque- 
duct pertaining  to  the  distributing  reservoir,  to  a  point  on 
said  boundary  not  more  than  six  hundred  feet  from  the 
western  boundary  of  said  land;  thence  across  said  land 
but  at  no  point  less  than  two  hundred  feet  from  the  outer 
crest  of  the  dam  of  said  reservoir,  to  said  western  bound- 
ary; thence  westwardly  on  a  route  exterior  to  and  on  the 
south  side  of  the  land  of  the  United  States  pertaining  to 
the  Conduit  road  to  the  land  of  the  said  aqueduct  pertein- 
ing  to  the  receiving  reservoir;  thence  through  said  land  to 
a  point  on  the  land  of  said  aqueduct  near  the  westerly  foot 
of  Delecarlia  Hill;  thence  westwardly  on  a  route  exterior  to 
and  on  the  south  side  of  the  land  of  the  United  States  per- 
taining to  the  Conduit  road  to  Cabin  John  Creek,  return- 
ing thence  along  the  same  line,  by  return  tracks  to  the 
place  of  beginning,  with  the  privilege  of  constructing  a 
branch  line,  with  a  single  or  double  track,  from  the  Con- 
duit road  lands  south  to  Chain  Bridge,  on  land  to  be  ac- 

waj^dia^f be^"- <l^i^'^^  ^y  *^^  Corporation:  Provided^  That  there  shall  be 
aiiei  to  Conduit  but  One  railway  parallel  to  and  near  the  Conduit  road  and 
"**  *  there  shall  never  be  more  than  one  double  track  on  or  over 

the  Canal  road,  and  all  acts  or  parts  of  acts  granting  the 
use  of  the  surface  of  the  Canal  road,  or  any  part  thereof,  for 
laying  railway  tracks  thereon  and  operating  cars  thereon  are 
hereby  repealed;  and  wherever  the  route  specified  in  this 
trw;ki°*^**^*°^^^^  is  parallel  with  or  coincides  with  the  route  of  any  other 
railway  the  two  companies  shall  maintain  and  use  but  one 
set  of  double  tracks,  and  any  violation  of  this  provision  by 
the  said  Washington  and  Great  Falls  Electric  Railway  Com- 
pany shall  operate  as  a  repeal  of  this  charter;  and  matters  of 
dispute  between  the  companies  respecting  railways  parallel 
to  the  Conduit  road,  and  affecting  the  same,  whether  in  the 
District  of  Columbia  or  in  Maryland  shall  be  referred  to 
and  determined  by  the  Secretary  of  War  and  matter  in 
dispute  between  the  companies  respecting  railways  on  the 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.        223 

Canal  road  shall  be  determined  upon  the  application  of 
either  road  to  any  court  in  the  District  of  Columbia  having 
competent  jurisdiction.     The  inner  rail  of  said  Washing-  je^j^m  c^ntS 
ton  and  Great  Falls  railway  shall  not  at  any  place  on  the  of  conduit  road. 
line  of  said  railway  be  less  than  one  hundred  feet  from  the 
middle  of  the  paved  portion  of  the  Conduit  road.  Wherever  ^q^JSict  iJSdf 
the  said  railway  shall  run  over  or  across  any  of  the  lands 
of  the  United  States  or  any  of  the  accessory  works  of  the 
Washington  Aqueduct  as  provided  in  this  act,  it  shall  be 
done  only  on  such  lines,  in  such  manner,  and  on  such  con- 
ditions as  shall  be  approved  by  the  Secretary  of  War  and 
accepted  by  said  company,  and  no  works  shall  be  done  on 
said  railway  on  any  of  said  lands  until  after  such  approval 
and  acceptance  in  writing.     No  steam  car?,  locomotives,  or 
passenger  or  other  cars  for  steam  railways  shall  ever  be  run 
over  the  tracks  of  said  railway  within  the  District  of  Colum- 
bia or  on  said  lands.     So  much  of  said  railway  as  may  be 
in  the  State  of  Maryland  must  first  have  the  approval  of 
the  authorities  of  said  State.     Said  company  shall,  before 
commencing  work  on  said  railway,  deposit  with  the  Treas-    Deposit 
urer  of  the  United  States  to  the  credit  of  the  Washington 
Aqueduct  the  sum  of  five  thousand  dollars,  to  defiay  all 
the  expenses  that  may  be  incurred  by  the  United  States  in 
connection  with  the  inspection  of  the  company's  work  on 
the  lands  of  the  United  States  and  any  of  the  company's 
work  that  may  affect  the  interests  of  the  United  States, 
and  in  making  good  any  damages  done  by  said  company  or 
its  works  to  any  work  or  land  or  other  property  of  the  U  nited 
States,  and  in  completing,  as  the  Secretary  of  War  may 
deem  necessary,  any  of  the  company's  work  that  the  s  lid 
company  may  neglect  or  refuse  to  complete  and  that  the 
Secretary  of  War  may  consider  necessary  for  the  safety 
of  the  Washington  Aqueduct  and  the  works  pertaining 
thereto,  including  its  telephone  line,  or  for  the  proper  drain- 
age of  the  United  States  lands,  its  reservoirs  and  other 
works,  or  for  the  proper  use  and  orderly  appearance  of  the 
Conduit  road;  and  the  said  company  and  its  successors 
shall  also  deposit  as  aforesaid  such  further  sums  for  said 
purposes  and  at  such  times  as  the  Secretary  of  War  shall 
direct.     The  said  moneys  shall  be  disbursed  like  other 
moneys  appropriated  for  the  Washington  Aqueduct,  and 
whatever  shall  remain  of  said  deposits  after  the  comple- 
tion of  the  work  for  which  they  may  be  obtained  shall  be 
returned  to  said  company  with  an  account  of  their  dis- 
bursement in  detail.     The  disbursements  of  said  deposits 
shall,  except  in  case  of  emergency,  be  made  only  on  the 
order  of  the  Secretary  of  War.  During  the  construction  and 
after  the  completion  of  said  railway  its  agents  and  servants, 
when  on  the  public  land  of  the  U  nited  States,  shall  be  subject 
to  such  regulations  as  the  Secretary  of  War  may  prescribe. 
The  provisions  of  this  act,  as  far  as  applicable  shall  apply 
to  any  extension  of  this  railway  in  the  State  of  Maryland 
that  may  be  granted  by  the  authorities  of  said  State;  and 
the  said  Washington  and  Great  Falls  Railway  may  cross 


Disbursement. 


Construction. 


Gauge. 


Fftying. 


224        LAWS   BELATING   TO   STREET-RAILWAY   FRANCHISES. 

,  the  projection  of  the  United  States  land  at  a  point  on  the 
south  side  of  the  Conduit  ]coad  just  west  of  the  distribut- 
ing reservoir,  and  the  provisions  of  section  fifteen  of  the 
act  of  Congress  approved  February  twenty-eight,  eighteen 
hundred  and  ninety-one,  entitled  '*  An  act  to  incorporate 
the  Washington  and  Arlington  Railway  Company,  of  the 
District  of  Columbia,"  shall  control  and  govern  all  the 
privileges  granted  by  this  act  to  the  Washington  and  Great 
Falls  Electric  Railway  Company,  and  said  section  shall  be 
held  to  include  the  Washington  Aqueduct  and  its  tunnels 
and  all  other  works  connected  therewith.   Said  Washington 
and  Great  Falls  Railway  shall  everywhere  be  constructed 
m  a  neat  and  substantial  manner,  of  good  material,  subject 
for  such  parts  of  the  line  as  are  within  the  jurisdiction  of  the 
Commissioners  of  the  District  of  Columbia,  to  the  supervi- 
sion and  approval  of  said  Commissioners,  and,  for  such  parts 
of  the  line  as  are  in  any  jurisdiction  outside  of  the  District 
of  Columbia,  to  the  supervision  and  approval  of  the  proper 
authorities  of  such  jurisdiction;  the  gauge  of  the  track  to 
be  the  same  as  that  of  the  Washington  and  Georgetown 
Railway;  and  the  said  Washington  and  Great  Falls  Rail- 
way Company  shall  where  its  tracks  run  on  or  across  any 
street  or  road  which  is  under  the  jurisdiction  of  the  Com- 
missioners of  the  District  of  Columbia,  or  across  any  other 
road  outside  the  District  of  Columbia,  pave  the  same  between 
the  rails  and  sets  of  rails  and  two  feet  outside  thereof  with 
such  material  and  in  such  manner  as  shall  be  approved  by 
such  proper  authorities,  as  the  case  may  require,  and  shall 
keep  the  same  in  repir  at  its  own  expense;  and  if  the  said 
corporation  shall  fail  to  make  any  necessary  repairs  within 
ten  days  after  notice  has  been  given  by  said  authorities 
the  repairs  shall  be  made  by  said  authorities  and  the  cost 
thereof,  except  as  hereinbefore  provided,  if  not  paid  volun- 
tarily, shall  be  recovered  by  them  before  any  court  of  com- 
petent jurisdiction;  and  the  amount  of  such  repairs  shall 
be  a  hen  upon  all  property  of  said  company  from  the  time 
the  same  are  made  until  paid  bv  the  company.     That  the 
said  corporation  shall  operateMts  said  road   by  electric 
power,  and  for  this  purpose  it  is  hereby  authorized  to 
erect  and  maintain  such  poles  and  aerial   lines   as  may 
be  necessary  for  the  proper  conduct  of  said  power;  such 
lines  to  be  built  in  the  most  perfect  and  substantial  man- 
ner. Provided^  That  in  order  to  prevent  any  danger  or  dam- 
^e  to  the  United  States  telephone  line  between  the  Great 
w    u-  Potomac  and  Washington,  belonging  to  the 

Washington  Aqueduct,  or  to  its  instruments,  from  the  elec- 
tric wires  of  said  railway  company,  the  said  company  shall, 
at  all  times  and  at  its  own  expense  remove,  change,  and 
protect  said  telephone  line  in  such  manner  as  may  be 
directed  by  the  Secretary  of  War.  The  said  corporation 
shall,  before  operating  said  railway,  erect  and  maintain 
subject  to  the  approval  of  the  Secretary  of  War,  at  its  own 
expense,  a  neat,  well-painted,  and  substantial  fencie,  four 


Poles 
wires. 


Fence. 


Lights. 


Mains. 


LAWS   RELATING    TO    STREET-RAILWAY    FRANCHISES.         225 

feet  in  height,  on  each  side  of  its  tracks,  through  the  lands 
of  the  United  States,  and  also  at  such  places  along  the 
Conduit  road  as  the  Secretary  of  War  may  deem  necessary, 
with  suitable  openings  and  crossings  for  "^roadways,  and  at 
such  places  as  the  Secretarv  of  W^r  shall  consider  to  be 
required  for  the  safety  of  the  use  of  said  roadways.     That 
the  said  corporation  shall,  at  its  own  expense,  maintain 
electric  lights  along  the  entire  length  of  its  railway  during 
the  hours  after  nightfall  that  its  cars  shall  run,  and  at 
least  until  twelve  o'clock  and  thirty  minutes  antemeridian, 
which  lights  shall  be  located  so  as  to  light  all  roads  on 
and  across  which  it  shall  pass,  and  shall  be  placed  at  such 
points  along  the  proposed  road  as  the  Secretary  of  War 
shall  direct,  and  shall  also  light  Chain  Bridge  in  the  same 
manner  and  during  the  same  hours.     No  claim  for  dam- 
ages shall  ever  be  made  by  said  company  or  its  successors 
m  consequence  of  the  exercise  of  any  of  the  rights  of  the 
United  States  under  this  act.     (The  construction  of  said 
railway  on  any  street  where  there  are  or  may  be  any 
mains,  fixtures,  or  apparatus  pertaining  to  the  Washing- 
ton Aqueduct  shall  be  subject  to  such  conditions  as  mav 
be  approved  by  the  Secretary  of  War,  which  conditions 
must  be  obtained  and  be  accepted  in  writing  by  said  com- 
pany before  commencing  any  work  on  such  street,  and  the 
operations  of  said  company  in  respect  of  the  safety  of  such 
mains,  fixtures,  or  apparatus  shall  always  be  subject  to  the 
control  and  direction  of  the  Secretary  of  War,  and  subject 
to  the  right  of  the  Secretary  of  War  or  other  lawful  pub- 
lic authority  to  interrupt  the  construction  or  use  of  said 
railway,  whenever  necessary  for  the  protection  or  repair   ^j 
of  such  mains,  fixtures,  or  apparatus.)     Eflicient  signals    ^ 
py  ffong  or  bell  shall  be  made  by  every  car  before  and  dur- 
ing the  crossing  of  the  Conduit  road.     The  rate  of  speed 
at  which  the  cars  may  run  on  said  road  shall  not  exceed 
five  miles  per  hour  on  or  across  any  street  or  road,  and 
the  fare  for  riding  over  the  said  road  shall  not  exceed  ten 
cents  each  way  per  passenger,  and  this  amount  may  be 
divided  into  divisions  of  five  cents  each.     The  work  of    ..     ,      ,. 
construction  and  the  operating  of  said  railway  by  said  ancTSpewtloi? 
company  on  the  lands  of  the  United  States  shall  be  subject 
to  such  regulations  as  the  Secretary  of  War  may  prescribe, 
and  the  exercise  of  the  rights  by  this  act  granted  are  to 
terminate  at  the  pleasure  of  the'^Secretary  of  War  in  case 
of  persistent  neglect  by  said  company  or  by  its  successors 
to  make  the  deposits  or  to  comply  with  any  of  the  condi- 
tions, requirements,  and  regulations  aforesaid. 

Sec.  2.  That  the  capital  stock  of  said  company  shall  be  stock. 
fiftv  thousand  dollars-,  divided  into  shares  of  one  hundred 
dollars  each,  which  capital  stock  may  be  increased  from 
time  to  time  upon  a  majority  vote  of  the  stockholders,  but 
not  to  exceed  the  actual  cost  of  right  of  way,  construction, 
equipment,  station  houses  and  other  buildings  necessarv 
to  the  operation  of  said  road.     The  said  company  shall 

16400—05 15 


il 


Speed. 


Construction 


226 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES. 


default 


Payments.  require  the  subscribers  to  the  capital  stock  to  pay  in  cash, 
to  the  treasurer  appointed  by  the  incorporators,  the  amounts 
severally  subscribed  by  them,  as  follows,  to  wit:  Fifty 
per  centum  at  the  time  of  subscribing,  and  the  remainder 
at  such  times  and  in  such  amounts  as  the  board  of  direct- 
ors shall  require,  and  no  subscription  shall  be  deemed 
valid  unless  the  fifty  per  centum  thereof  shall  be  paid  at 
the  time  of  subscribing;  the  remainder  of  said  subscrip- 
tion to  be  paid  at  such  times  and  in  such  amounts  as  the 
board  of  directors  may   require,   as  hereinbefore  pro- 

^^ieof8tockin^,j^jg^j.  g^pjj  -f  ^jjy  stockholder  shall  refuse  or  neglect  to 

pay  any  installments  as  aforesaid,  as  required  by  the  board 
of  directors,  after  thirty  days'  notice  in  writing,  the  said 
board  of  directors  may  sell  at  public  auction,  to  tne  highest 
bidder,  so  many  shares  of  his  stock  as  will  pay  the  install- 
ments; and  the  person  who  shall  offer  to  take  the  least 
number  of  shares  for  the  assessments  due  shall  be  taken  as 
the  highest  bidder,  under  such  general  regulations  as  may 
be  provided  in  the  by-laws  of  the  company,  but  no  stock 
shall  be  sold  for  less  than  the  total  assessments  due  and 
payable;  or  the  company  may  sue  and  collect  the  same  from 
a  delinquent  subscriber  in  anj^  court  of  competent  jurisdic- 
tion.    No  certificate  of  stock  shall  be  issued  until  the  par 

^^l^eJc"^®^ value  thereof  has  been  fully  paid  up.  The  company  may 
buy,  lease,  or  construct  such  passenger  rooms,  ticket  oflSces, 
depots,  workshops,  and  buildings  as  may  be  necessary,  at 
such  points,  not  on  the  land  of  the  United  States,  along  the 
lines  as  the  business  of  the  railway  and  the  convenience  of 
the  public  may  require,  and  connect  its  tracks  therewith;  all 
of  the  above  subject  to  the  approval  of  the  proper  authori- 
ties. W  henever  one-fourth  of  the  capital  stock  of  the  com- 
pany so  subscribed  shall  have  been  paid  in,  bonds  may  be 
issued,  in  the  discretion  of  the  board  of  directors,  to  an 
amount  not  exceeding  the  balance  of  the  stock  unpaid,  which 
bonds  may  be  secured  by  mortgage  of  its  franchise  and  prop- 
erty, real  and  personal:  Provided^  That  the  moneys  raised 
on  said  bonds  shall  be  used  and  expended  only  for  the  com- 
pletion and  improvement  of  said  road  and  the  equipment 
thereof.  But  this  section  is  subject  to  the  provision  that 
said  corporation  shall  not  have  or  issue  any  greater  num- 
ber of  shares  of  stock  than  the  nominal  value  of  such  shares 
shall  equal  the  actual  and  necessary  cost  of  the  construc- 
tion and  equipment  of  such  railroad,  which  sum  shall  first 
be  ascertained  and  authorized  upon  petition  therefor  to  the 
.  Supreme  Court  of  the  District  of  Columbia,  under  such 
rules  and  regulations  as  the  chief  justice  and  judges  thereof 
shall  prescribe  efficient  to  limit  the  stock  of  such  corpo- 
ration in  the  aggregate  to  the  actual  and  necessary  cost 

?rtg^i.  *  "  ^  thereof.  That  if  it  shall  be  desired  by  such  corporation  to 
issue  bonds  upon  its  said  property,  secured  by  mortgage  or 
otherwise, upon  petition  therefor  to  said  court, setting  forth 
the  necessity  thereof  and  the  amount  of  stock  issued  and 
outstanding,  it  may  and  shall  be  lawful  for  such  court,  or 
the  chief  justice  or  justices  thereof,  as  the  case  may  be,  or 


Bonds. 


mortgages. 


LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES.         227 

one  of  them,  upon  public  notice,  to  be  prescribed  by  the 
rules  of  the  court,  to  permit  the  issuance  of  such  bonds  and 
mortgage  if  desired:  Provided,  howeve7\  that  an  amount  of 
stock  equal  to  the  bonds  so  issued  shall  be  first  canceled 
and  adjudged  annulled:  Provided,  That  if  in  the  course  of 
the  construction  and  equipment  of  such  railroads  it  should 
appear  that  the  amount  of  stock  authorized  as  provided 
herein  should  not  be  sufficient  for  the  purposes  desired,  the 
said  Court  may  upon  further  petition  and  hearing  authorize 
the  issuing  of  such  further  stock  as  in  its  judgment  may 
be  deemed  necessary  to  carry  out  the  purposes  of  this  act: 
And  jjrovided  further,  that  such  stock  and  bonds  may  be 
issued  as  the  work  progresses. 

Sec.  3.  That  within  thirty  days  after  the  passage  of  this    Meeting  of  cor- 
act  the  corporators  named  in  the  first  section,  or  a  majority  ^'*^°''- 
of  them,  or  if  any  of  them  refuse  or  neglect  to  act,  then  the 
majority  of  the  remainder,  shall  cause  books  of  subscription    subscription  to 
to  the  capital  stock  of  said  company  to  be  opened  and  kept"'^^" 
open  m  some  convenient  place  in  the  District  of  Columbia 
from  ten  o'clock  in  the  f  orenoonuntilf  ouro'clockin  the  after- 
noon, for  a  period  to  be  fixed  by  the  corporators,  not  less 
than  two  days,  unless  the  whole  stock  shall  be  sooner  sub- 
scribed; and  the  said  corporators  shall  give  public  notice 
by  advertisement  in  one  or  more  of  thedaily  papers  published 
in  the  city  of  Washington,  of  the  time  when  and  place  where 
the  said  books  shall  be  opened;  and  the  subscribers  upon 
said  books  to  the  capital  stock  of  the  said  company  shall  be 
held  to  be  stockholders:  Provided,  That  every  subscriber    Payments, 
shall  pay,  at  the  time  of  subscribing,  fifty  per  centum  of  the 
amount  by  him  subscribed  to  the  treasurer  appointed  by  the 
corporators,  or  his  subscription  shall  be  void;  and  when  the 
books  of  subscription  to  the  capital  stock  of  said  company 
shall  be  closed  the  corporators,  and,  in  case  any  of  them 
refuse  or  neglect  to  act,  then  a  majority  of  the  remainder, 
shall  within  twenty  days  thereafter,  call  the  first  meeting    Meeting  of 
ot  the  stockholders  of  said  company  to  meet  within  ten  ^^^^^^^^^ers. 
days  thereafter,  for  the  choice  of  directors,  of  which  said 
meeting  notice  shall  be  given  in  a  daily  newspaper  pub- 
lished in  the  city  of  Washington  and  by  written  notice 
mailed  to  each  stockholder,  and  each  stockholder  shall  be 
entitled  to  one  vote  for  each  share  of  stock  standing  in  his 
name  on  the  books  of  the  company,  which  vote  may  be  cast 
in  person  or  by  proxy:  Provided,  That  it  shall  be  unlawful  f«SS^^"^***°" 
for  the  company  hereby  incorporated  to  consolidate  with  '*'^'^''^°- 
any  other  railroad  company  now  in  existence,  or  which  may 
hereafter  be  chartered,  whose  route  shall  be  substantially 
the  same  as  the  route  herein  provided  for;  and  any  such 
consolidation  shall  of  itself  operate  as  a  forfeiture  of  this 
charter.     If  the  charter  or  f  i-anchise  herein  granted  be  sold 
or  transferred  to  any  company  or  person  before  the  road 
shall  have  been  fully  constructed,  such  sale  or  transfer  shall 
of  itself  operate  as  a  forfeiture  of  this  charter. 

Sec.  4.  That  the  government  and  direction  of  the  affairs    i^irectow. 
of  the  company  shall  be  vested  in  the  board  of  directors 
which  shall  consist  of  seven  members,  who  shall  be  stock- 


f 


I 


m 


4! 


Officers. 


By-laws. 


Free    use 
roadway. 


228        LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 

hx)lders  of  record  and  shall  hold  their  oflSce  for  one  year 
and  until  others  are  duly  elected  and  qualified,  and  the  said 
directors  (a  majority  of  whom  shall  be  a  quorum)  shall  elect 
one  of  their  number  to  be  president  of  the  company,  and  they 
shall  also  choose  a  vice-president,  a  secretary,  and  a  treas- 
urer, each  of  whom  shall  give  bond,  with  surety,  to  the  com- 
panv,  in  such  sum  as  the  directors  may  require,  for  the 
faithful  discharge  of  his  trust.  In  case  of  a  vacancy  in  the 
board  of  directors  from  any  cause  such  vacancy  shall  be 
filled  by  the  remaining  directors.  The  directors  shall  have 
power  to  make  such  rules,  regulations,  and  by-laws  as  they 
may  deem  needful  and  proper  for  the  management  of  the 
stock,  property,  estate,  and  effects  of  the  company  not  con- 
trary to  the  charter  or  the  laws  or  ordinances  in  force  in 

^^nnuai  meet-  ^he  District  of  Columbia.     There  shall  be  an  annual  meet- 
ing of  the  stockholders  for  the  choice  of  directors,  to  be 
held  at  such  time  and  place  and  under  such  conditions 
and  upon  such  notice  as  the  said  company  in  its  by-laws 
may  prescribe,  and  the  said  directors  shall  annually  make 
a  report,  in  writing,  of  their  doings  to  the  stockHolders. 
Said  company  shall  have  at  all  times,  except  as  otherwise 
of  provided,  a  free  and  uninterrupted  use  of  the  railway,  and 
if  any  person  or  persons  shall  willfully,  mischievously  or 
unnecessarily  obstruct  or  impede  the  passage  of  cars  on 
the  railway  with  a  vehicle  or  vehicles,  or  otherwise,  or  in 
any  manner  molest  or  interfeie  with  passengers  or  opera- 
tors while  in  transit,  or  destroy  or  injure  the  cars  of  said 
railway,  or  depot,  or  stations,  or  other  of  the  property  be- 
longing to  the  said  railway,  the  person  or  persons  so  offend- 
ing shall  forfeit  and  pay  for  each  offense  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars,  to  be  recov- 
.  ered  as  other  tines  and  penalties  are  recovered  in  the  juris- 
diction in  which  the  offense  may  be  committed;  and  shall 
be  liable  in  addition  to  said  penalty  for  any  loss  or  damage 
occasioned  to  said  company  by  his  or  her  or  their  acts  as 
aforesaid,  to  be  recovered  by  said  company  for  its  use  before 
any  court  of  competent  jurisdiction.     No  person  shall  be 
prohibited  the  right  to  travel  on  the  cars  of  the  said  road  or 
be  ejected  therefrom  by  the  company  for  any  other  cause 
than  being  drunk,  disorderly,  or  contagiously  diseased,  or 
for  the  use  of  obscene  language,  or  refusing  to  pay  the 
legal  fares  exacted,  or  to  comply  with  the  lawful  regula- 
tions of  the  company.     The  said  company  shall  have  the 
right  of  way  across  all  duly  authorized  railways  within  the 
limits  of  the  lines  granted  by  this  act,  and  is  hereby  au- 
thorized to  construct  its  said  road  across  such  other  rail- 
ways: Provided,  That  it  shall  not  interrupt  the  travel  of 
such  other  railway  in  such  construction  nor  shall  it  cross 
any  steam  railroad  at  grade:  And  provided  also.  That  the 
said  Washington  and  Great  Falls  Electric  Railway,  and 
all  railways  crossed  by  it  shall  be  subject  to  such  provi- 
sions and  regulations  for  the  safety  of  passengers  at  said 
crossings  as  the  proper  authorities  may  prescribe.  Theprin- 

Principal  office,  eipal  office  of  said  company  shall  be  situated  in  the  city  of 


Crossings. 


LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES. 


229 


I 


Condemnation 
proceedings. 


Washington,  and  all  books  and  papers  belonging  to  the 
business  of  said  company  shall  be  kept  thereat  and  open 
at  all  times  to  the  inspection  of  the  stockholders.  The 
book  in  which  transfers  of  the  stock  are  entered  and  re- 
corded shall  be  closed,  for  the  purpose  of  such  transfers, 
thirty  daj^s  before  the  annual  meeting.  i . 

Sec.  5.  That  for  the  purpose  of  locating,  constructing,  Necessary  land, 
maintaining,  and  operating  the  stations,  tracks,  railroads, 
shops,  and  other  structures  or  buildings  herein  provided 
for,  said  company  is  hereby  authorized  and  empowered  to 
take,  acquire,  and  hold  in  fee  simple  the  land  necessary  for 
such  purposes;  but  before  proceeding  so  to  do  the  said  com- 
pany shall  first  obtain  the  assent  of  the  owner  or  owners 
of  said  land,  and  if  such  owner  or  ov/ners  shall  be  absent 
from  the  said  city  of  Washington,  or  the  District  of  Colum- 
bia, or  shall  refuse  to  give  such  assent  on  such  terms  as  such 
company  shall  approve,  or  by  reason  of  infancy,  coverture, 
or  insanity,  or  any  other  cause,  shall  be  legally  incapable  of 
giving  such  assent,  it  shall  be  lawful  for  said  company  to 
make  application,  in  writing,  to  the  Supreme  Court  of  the 
District  of  Columbia,  or  a  ]udge  thereof,  for  the  appoint- 
ment of  three  commissioners  to  estimate  the  damages  which 
the  owner  or  owners  of  the  land  or  other  property  sought 
to  be  taken  shall  sustain  by  the  taking  thereof  by  the  said 
company.  Said  application  shall  describe  the  land  or  other 
propertj^  sought  to  be  taken,  and  give  the  name  or  names 
of  the  owners  thereof,  as  far  as  the  same  may  be  known  to 
said  company;  and  said  supreme  court  of  the  District  of 
Columbia,  or  a  judge  thereof,  shall  thereupon  appoint  three 
discreet  and  disinterested  freeholders  of  said  District  of 
Columbia,  none  of  whom  shall  be  residents  or  owners  of 
property  upon  or  adjoining  the  line  of  said  railroad,  or  inter- 
ested therein,  or  related  to  any  person  interested  in  said 
land  or  a  stockholder  in  said  company ;  and  before  said  com- 
missioners shall  act  the  clerk  of  said  court  shall  administer 
an  oath  or  affirmation  to  each  of  them  that  he  will  justly 
and  impartially  estimate  the  compensation  that  the  owner 
or  owners  of  such  lands  or  other  property  will  be  entitled 
to  by  reason  of  the  taking  of  the  same  by  the  company, 
and  the  said  supreme  court  of  the  District  of  Columbia, 
or  a  judge  thereof,  shall  appoint  a  time  not  less  than  ten 
nor  more  than  twenty  days  after  due  notice  to  the  parties 
in  interest,  which  notice  shall  be  given  in  the  form  required 
by  the  order  of  said  supreme  court  of  the  District  of  Colum- 
bia, or  a  judge  thereof,  appointing  said  commissioners,  and 
said  commissioners  shall  proceed  to  estimate,  after  viewing 
the  premises,  the  value  of  the  land  so  proposed  to  be  taken 
by  said  company,  and  the  damages,  if  any,  to  the  residue 
of  the  tract  so  taken  or  occupied,  or  to  be  taken  or  occu- 
pied, or  the  material  so  used  or  taken  away,  as  the  case 
may  be,  having  due  regard  to  and  making  just  allowance 
for  the  advantages  which  may  have  resulted,  or  which  may 
seem  likely  to  result,  to  the  owner  or  owners  of  said  land 
or  materials  in  consequence  of  the  making  or  opening  of 


i 


tt 


230 


LAWS    RELATING    TO    STKEET-RAILWAY    FRANCHISES. 

said  railroad  and  of  the  construction  of  the  works  con- 
nected therewith,  and  after  having  made  a  fair  and  iust 
comparison  of  said  advantages  and  disadvantages  thev 
shall  estimate  and  determine  whether  any,  and,  if  any  what 
amount  of  damages  have  been  or  may  be  sustained,  and  to 
whom  payable,  and  make  report  in  writing  signed  by  them 
or  a  majority  of  them,  and  file  the  same  with  the  clerk  of  the 
supreme  court  of  the  District  of  Columbia;  and  if  any  dam- 
ages be  awarded  and  the  report  be  confirmed  by  the  said 
court,  judgment  shall  be  entered  thereon,  and  if  the  amount 
thereof  be  not  paid  within  thirty  days  after  the  entry  of 
such  judgment  execution  may  issue  thereon  as  in  the  case 
ot  other  judgments  of  said  court  for  the  sum  so  awarded, 
and  the  cost  and  expenses  incurred  shall  be  defrayed  bv 
the  said  lailroad  company,  and  each  of  said  commissioners 
shall  be  entitled  to  ten  dollars  per  day  for  every  day  neces- 
sarily employed  in  the  performance  of  the  duties  herein 
prescribed,  to  be  paid  by  such  railroad  company.     Said 
return  ot  said  commissioners  shall  be  confirmed  by  said 
court  or  a  judge  thereof,  at  any  time  after  the  expiration 

!?     -L^  P'^"^  ^""^  ^^^^^'  ^^^  ^at^  of  the  filing  of  said 
report  with  the  clerk  of  said  court,  unless  an  appeal  from 
said  award  shall  be  taken  and  perfected  as  hereinafter 
provided;  and  either  party  may  appeal  to  the  said  court 
within  ten  days  from  and  after  the  return  of  the  said  award 
to  said  court  by  filing  notice  of  such  appeal  with  the  clerk 
of  said  court,  and  upon  said  appeal  the  case  shall  be  dock- 
eted  in  said  court  m  the  ordinary  form,  in  which  the  com- 
pany shall  be  plaintiff  and  the  other  parties  shall  be  defend- 
ants, and  shall  be  tried  by  a  jury, if  either  party  shall  require 
the  same,  according  to  the  ordinary  course  of  trial  bv  jurv 
in  said  court.     Should  said  company  desire  to  take  posses- 
sion of  the  land  and  property  mentioned  in  its  said  appli- 
cation prior  to  the  determination  of  the  appeal,  it  shall  have 
the  right  so  to  do  upon  filing  with  the  clerk  of  said  court  a 
bond  in  the  penal  sum  of  double  the  amount  of  said  award 
conditioned  to  pay  such  judgment  as  may  be  given  bv  said 
court  upon  the  trial  of  the  appeal.     The  sureties  on  said 
bond  and  the  form  thereof  shall  be  approved  by  said  court. 
In  case  the  j  udgment  rendered  by  the  court  upon  said  appeal, 
either  with  or  without  a  trial  by  jury,  shall  be  for  a  sum 
less  than  the  amount  awarded  by  the  commissioners  afore- 
said, then  the  costs  shall  be  paid  by  the  parties  defendant: 
m  case  the  judgment  shall  be  for  a  greater  sum  than  the 
amount  awarded  by  the  commissioners,  then  the  costs  shall 
be  paid  by  the  company,  and  judgment  for  costs  shall  be 
rendered  accordingly.    Upon  payment  of  the  judgment  ren- 
dered by  said  court,  either  upon  the  confirmation  of  the 
award  or  upon  trial  of  the  appeal,  or  upon  tender  of  such 
payment,  the  company  shall  be  entitled  to  all  the  rights 
interests,  and  estate  of  the  parties  to  the  proceeding  to  the 
same  extent  as  if  the  same  had  been  legally  conveyed  bv 
them  m  fee  simple  to  said  company,  unless  the  said  com- 


LAWS    RELATING   TO    STREET-RAILWAY    FRANCHISES.         231 

pany  shall  within  ten  days  after  the  rendition  of  said  judg- 
ment disclaim  the  taking  of  said  property,  which  shall  be 
done  in  writing  and  filed  in  said  case.  An  appeal  shall  lie 
from  the  judgment  of  said  court  to  the  supreme  court  in 
general  term  or  to  the  Supreme  Court  of  the  United  States, 
as  now  allowed  b}^  law  in  other  cases,  an«d  the  said  company 
shall  be,  and  is  herebj'^  authorized  and  empowered  to  con- 
struct, operate,  and  maintain  said  tracks,  and  in  addition 
thereto  tracks  to  and  into  the  yards  and  stations  aforesaid, 
and  any  of  them  in  connection  with  the  tracks  or  any  of 
them  hereinbefore  authorized  or  prescribed. 

Sec.  6.  That  the  work  on  said  road  shall  commence    commence- 

•  xu*  £  J     jfj.       J.V-  £  Ai_  •  J.  1  ment  and  com- 

withm  one  year  irom  and  after  the  passage  of  this  act,  and p i e  t  ion  (re- 
shall  be  complete  its  entire  distance,  and  have  cars  running  p^»^^)- 
thereon  for  the  accommodation  of  the  public  within  two 
years  from  the  passage  of  this  act;  otherwise  this  charter 
shall  be  null  and  void. 

Sec.  T.  That  said  railway  company  shall,  on  or  before  Annual  report 
the  fifteenth  of  January  of  each  year,  make  a  report  to 
Congress  of  the  names  of  all  the  stockholders  therein  and 
the  amount  of  stock  held  by  each,  together  with  a  detailed 
statement  of  the  bonded  and  other  indebtedness  and  the 
receipts  and  expenditures,  from  whatever  source  and  on 
whatever  account,  for  the  preceding  year  ending  December 
the  thirty -first,  which  report  shall  be  verified  T)y  affidavit 
of  the  president  and  secretary  of  said  company;  and  if 
said  report  is  not  made  at  the  time  specified,  or  within  ten 
days  thereafter,  it  shall  be  the  duty  of  the  Commissioners 
to  cause  to  be  instituted  judicial  proceedings  to  forfeit  this 
charter;  and  said  company  shall  pay  to  the  District  of 
Columbia,  in  lieu  of  personal  taxes  upon  personal  property, 
including  cars  and  motive  power,  eadi  year  four  per  centum 
of  its  gross  earnings,  whicn  amount  shall  be  payable  to  the 
collector  of  taxes  at  the  times  and  in  the  manner  that  other 
taxes  are  now  due  and  payable,  and  subject  to  the  same 
penalties  on  arrears;  and  the  franchise  and  proper t}"  of  said 
company,  both  real  and  personal,  to  a  sufficient  amount, 
may  be  seized  and  sold  in  satisfaction  thereof,  as  now  pro- 
vided by  law  for  the  sale  of  other  property  for  taxes;  and 
said  per  centum  of  its  gross  earnings  shall  be  in  lieu  of  all 
other  assessments  of  personal  taxes  upon  its  property, 
used  solely  and  exclusively  in  the  operation  and  manage- 
ment of  said  railway.  Its  real  estate  shall  be  taxed  as 
other  real  estate  in  the  District:  Provided^  That  its  tracks 
and  elevated  railway  structure  shall  not  be  taxed  as  real 
estate. 

Sec.  8.  That  Congress  may  at  any  time  amend,  alter,  or 
repeal  this  act. 

Approved,  July  29,  1892. 


t 


ft 


M 


Taxea 


Amendment. 


Amendment. 


Change 
route. 


of 


232        LAWS   BELATING   TO   STREET-RAILWAY   FRANCHISES. 

August  23. 1894.  AN  ACT  To  amend  an  act  entitled  '*An  act  to  incorporate  the  Wash- 
stats.  28,  p.  492.  ington  and  Great  Falls  Electric  Railway." 

and^G^^  ValS  ^^  ^^  enacted  hy  the  Senate  and  House  of  Rejpresentatwes 
Electric  Ry.  Co.  ofthe  United  States  of  America  in  Congress  assembled^  That 
'  the  Act  of  Congress  entitled  "An  Act  to  incorporate  the 
Washington  and  Great  Falls  Electric  Railway  Company," 
approved  July  twenty -ninth,  anno  Domini  eighteen  hun- 
dred and  ninety-two,  be,  and  the  same  is  hereby,  amended 
by  striking  out  all  that  part  of  the  first  section  of  said  Act 
commencing  with  the  word  ''beginning,"  in  line  seventeen, 
and  ending  with  the  words  "is  to  run,"  in  line  forty-nine, 
and  inserting  in  lieu  therof  the  following: 

Beginning  at  a  passenger  station  to  be  erected  and  main- 
tained on  the  square  bounded  by  Prospect,  Thirty-fifth',  M, 
and  Thirty-sixth  streets,  northwest,  as  hereinafter  provided 
for;  thence  westerly  along  Prospect  street  to  or  near  Thirty- 
eighth  street  northwest;  thence  westerly  and  northerly  on 
land  to  be  acquired,  except  at  street  crossings,  by  said  com- 
pany to  aijd  across  the  Foxhall  road;  thence 

At  the  end  of  Section  one  add:  Every  car  shall  be  brought 
to  a  full  stop  before  crossing  the  Foxhall  road.  It  shall  be 
the  duty  of  the  Commissioners  of  the  District  of  Columbia 
to  inspect,  or  to  cause  to  be  inspected,  from  time  to  time, 
the  cars  operated  on  said  road,  and  to  require  of  the  said 
company  that  all  cars  and  stations  shall  be  of  the  first  class, 
and  shall  be  maintained  in  good  condition,  and  that  cars 
shall  be  run  according  to  schedules  which  shall  accommo- 
date the  public;  the  said  Commissioners  shall  also  have  the 
power  to  make  such  regulations  as  to  the  rate  of  speed. 
Removal  of  ice  *^®  ^^^  ^^  tracks,  the  removal  of  ice  and  snow  from  off  the 
and  snow.  tracks,  as  the  public  interests  may  require;  failure  to  com- 
ply with  any  such  requirement  or  regulation,  or  failure  to 
stop  cars  before  crossing  the  Foxhall  road,  shall  subject 
the  company  to  a  fine  of  fifty  dollars  for  each  such  failure, 
which  fine  may  be  recovered  in  any  court  of  competent 
jurisdiction. 

in^tende?^"^' .  ^^^'  ^-  ^^^*  Section  six  of  said  charter  be,  and  the  same 
is  hereby,  repealed:  Provided,  Jumecer^  That  the  said  road 
shall  be  completed  to  the  boundary  of  the  District  of  Colum- 
bia and  have  cars  running  thereon  regularly  for  the  accom- 
modation of  the  public  within  twelve  months  and  to  Cabin 
John  Creek  within  eighteen  months  after  the  passage  of 
this  Act;  otherwise  this  Act  shall  be  null  and  void. 
tio^Teaf  iqui:  ^^^-  ^-  That  in  order  to  accommodate  the  street  railway 
duct  Bridge.  traflSc  that  may  converge  at  or  hear  the  Aqueduct  bridge, 
under  authority  granted  or  to  be  granted  by  Congress,  a 
passenger  station  is  hereby  authorized.  Such  station  shall 
nave  ample  provision  for  the  safe,  convenient,  and  com- 
fortable transfer  of  passengers  to  and  from  the  cars  of  the 
street  railways  using  the  same.  All  plans  for  such  station  , 
and  its  necessary  approaches  shall  be  subject  to  the  written  ' 
approval  of  the  Commissioners  of  the  District  of  Colum- 
bia. The  said  Commissioners  shall  have  the  power  to  set- 
tle any  differences  which  may  arise  between  the  companies 


Schedule. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.         238 

using  the  said  station  as  to  compensation  or  rentals  or  as 
to  the  necessary  regulations  for  the  control  of  said  station. 
The  said  passenger  station  shall  be  constructed  and  main- 
tained as  a  union  passenger  station,  for  the  use  of  street 
railways  only,  by  the  Washington  and  Georgetown  Rail- 
way Company.  Said  station  shall  be  located  on  land 
already  owned  or  hereafter  to  be  acquired  by  the  aforesaid 
company,  which  land  shall  be  bounded  on  the  north  by 
Prospect  street,  on  the  east  by  a  line  drawn  not  less  than 
one  hundred  and  twenty  feet  west  of  the  west  line  of 
Thirty-fifth  street,  on  the  south  by  M  street,  and  on  the 
west  by  Thirty-sixth  street  northwest.  Within  one  year 
from  the  approval  of  this  Act  the  said  Washington  and 
Georgetown  Railway  Company  shall  complete  the  said 
station  and  shall  extend  its  tracks  on  M  street  northwest 
to  a  point  not  less  than  one  hundred  and  twenty  feet  west 
of  Thirty-fifth  street,  and  thence  into  said  station;  and 
thereafter  the  said  company  shall  cease  entirely  to  switch 
cars  on  M  street  northwest. 

Sec.  4.  That  the  street  railway  companies  mentioned  in  ^^^^ge  o^f  wa- 
this  Act,  and  hereafter  all  street  railway  companies  in  the  ^^  "^^°^^'  ^ 
District  of  Columbia,  respectively,  shall  bear  all  the  ex- 
penses that  may  be  incurred  by  the  United  States  in  making 
and  inspecting  such  changes  to  the  water  mains,  fixtures, 
or  apparatus  of  the  Washington  Aqueduct  as  may  be  ren- 
dered necessary  by  the  construction  or  extension  of  such 
several  roads;  and  the  Secretary  of  War  is  hereby  author- 
ized and  directed  to  make  all  regulations  to  carry  into 
effect  the  provisions  of  this  section. 

Sec.  5.  That  the  Act  to  amend  the  charter  of  the  Eck-  ^^^^^^^ 
ington  and  Soldiers'  Home  Railway  Company,  approved  Railway. 
July  fifth,  eighteen  hundred  and  ninety-two,  is  hereby 
amended  by  striking  out  in  Section  one,  beginning  in  line 
six  with  the  words,  "Beginning  at  the  intersection  of"  to 
and  including  the  words ' '  point  of  beginning  "  in  line  twenty- 
nine,  and  inserting  in  place  thereof  the  following: 

Beginning  at  the  intersection  of  Fifth  and  G  streets ^^ch a n g e  oi 
northwest,  east  along  G  street  to  New  Jersey  avenue  and  "" 
First  street:  thence  south  along  First  street  northwest  to 
C  street  northwest;  thence  east  along  C  street  (around  the 
south  side  of  Stanton  Square  by  single  track)  to  Fifteenth 
street  northeast;  thence  north  on  Fifteenth  street  to  D  street 
northeast;  thence  west  on  D  street  to  Fourth  street  north- 
east; thence  south  on  Fourth  street  to  C  street  northeast; 
thence  west  on  C  street  to  New  Jersey  avenue;  thence 
north  on  New  Jersey  avenue  to  D  vstreet  northwest;  thence 
west  on  D  street  to  Fir^t  street,  and  to  the  point  of  begin- 
ning; also  beginning  at  the  intersection  of  G  street  north- 
west and  New  Jersey  avenue,  thence  across  New  Jersey 
avenue  to  and  along  G  street  to  North  Capitol  street,  thence 
north  on  North  Capitol  street  to  New  York  avenue,  con- 
necting with  the  main  line  and  the  North  Capitol  street 
branch;  also  beginning  at  the  intersection  of  G  and  Fifth 
streets  northwest;  thence  south  on  Fifth  street  to  Louisi- 


II 


234        LAWS    RELATING   TO    STREPJT-RAILWAY    FRANCHISES. 

•  ana  avenue,  thence  along  Louisiana  avenue  to  Sixth  street 
west;  thence  south  along  Sixth  street  to  B  street  northwest; 
thence  west  on  B  street  (over  its  own  tracks  for  such  a  dis- 
tance as  the  Commissioners  of  the  District  of  Columbia 
shall  determine)  to  a  point  to  be  located  by  the  said  Dis- 
trict Commissioners  near  the  east  curb  line  of  Seventh 
street  northwest,  and  returning  by  the  same  route  to  Fifth 
street  northwest. 

Also  by  inserting  in  Section  two  after  the  word  "hun- 
dred" the  words,  '^and  fifty." 

Also  by  inserting  in  Section  three,  as  amended,  after  the 
words  "two  years"  the  words,  "and  three  months." 

Sec.  6.  That  Congress  reserves  the  right  at  any  time  to 
alter,  amend,  or  repeal  this  Act. 

Approved,  August  23,  1894. 


Amendment. 


ed. 


Route  extend 


June  3. 1896.     AN  ACT  To  amend  an  act  entitled  "An  act  to  incorporate  the  Washing- 
ton and  Great  Falls  Electric  Railway  Company." 

gJS?f^is  EtJc"*-  ■  ^^  ^^  enacted  hy  the  Senate  and  House  of  Bepresmtatives 
\Vh  iVx  ^""^^/^^  United  States  of  America  in  Congress  assembled.  That 
amended).  the  Act  entitled  "An  Act  to  incorporate  the  Washington 
and  Great  Falls  Electric  Railway  Company,"  approved  July 
twenty-ninth,  eighteen  hundred  and  ninety-two,  and  the 
amendment  thereto  approved  August  twenty-third,  eight- 
een hundred  and  ninety-four,  be,  and  the  same  are  hereby, 
amended  as  follows: 

Section  one  shall  be  amended  to  read  as  follows,  com- 
mencing with  the  word  "beginning,"  in  line  seventeen: 

' '  Beginning  at  a  passenger  station  to  be  erected  and  main- 
tamed  on  the  square  bounded  by  Prospect,  Thirty -fifth,  M, 
and  Thirty-sixth  streets  northwest,  as  hereinafter  provided 
for;  thence  westerly  along  Prospect  street  to  or  near  Thirty- 
eighth  street  northwest;  thence  westerly  and  northerly  on 
land  to  be  acquired,  except  at  street  crossings,  by  said  com- 
pany, to  and  across  the  Foxhall  road;  thence  westerly  along 
the  top  of  the  bluff  on  the  north  side  of  the  Canal  road,  and 
outside  and  south  of  the  southern  boundary  of  the  land  of 
the  Washington  Aqueduct  pertaining  to  the  distributing 
reservoir,  to  a  point  on  said  boundary  not  more  than  six 
hundred  feet  from  the  western  boundary  of  said  land;  thence 
across  said  land,  but  at  no  point  less  than  two  hundred  feet 
from  the  outer  crest  of  the  dam  of  said  reservoir,  to  said 
western  boundary;  thence  westwardly  on  a  route  exterior 
to  and  on  the  south  side  of  the  land  of  the  United  States 
pertaining  to  the  Conduit  road  to  the  land  of  the  said  aque- 
duct pertaining  to  the  receiving  reservoir;  thence  through 
said  land  to  a  point  on  the  land  of  said  aqueduct  near  the 
westerly  foot  of  Dalecarlia  Hill;  thence  westwardly  on  a 
route  exterior  to  and  on  the  south  side  of  the  land  of 
the  United  States  pertaining  to  the  Conduit  road,  except 
in  the  vicinity  of  Washington  Aqueduct  boundary  stone 
numbered  thirty-one,  as  hereinafter  described,  to  Cabin 


routes. 


LAWS    RELATING    TO   STREET-RAILWAY    FRANCHISES.         235 

John  Creek,  returning  thence  along  the  same  line,  by  return 
tracks  to  the  place  of  beginning,  with  the  privilege  of  con- 
structing a  branch  line,  with  a  single  or  double  track, 
from  the  Conduit  road  lands  south  to  Chain  Bridge,  and  a 
branch  line  north,  beginning  and  connecting  at  a  point  on 
its  main  line,  about  oppositis  said  Chain  Bridge;  thence 
running  northerly  on  land  to  be  acquired  by  said  cor- 
poration to  the  Conduit  road;  thence  across  the  Conduit 
road  at  right  angles  and  on  the  grade  of  this  road;  thence 
northerly  on  land  to  be  acquired  by  said  corporation,  ex- 
cept across  and  along  streets,  where  necessary,  to  a  point 
on  the  Georgetown  and  Tenallytown  Railway  at  or  near  Branch  to  Ten- 
the  junction  of  the  Loughboro  road  with  the  River  road.  "*  ^^^  "**  " 
Also,  beginning  and  connecting  on  Thirty-seventh  street 
northwest  at  its  junction  with  Prospect  avenue;  thence 
north  along  Thirty-seventh  street  one  hundred  and  twenty 
feet;  thence  easterly  on  land  to  be  acquired  by  said  corpo- 
ration two  hundred  and  forty  feet;  thence  southerly  on  land 
to  be  acquired  by  said  coi*poration  one  hundred  and  twenty 
feet  to  Prospect  avenue  and  to  connect  with  its  present 
tracks:  Provided,  That  there  shall  be  but  one  railway  par- 
allel to  and  near  the  Conduit  road;  and  whenever  the  route 
specified  in  this  Act  is  parallel  with  or  coincides  with  the^  coincidinjt 
route  of  any  other  railway  the  two  companies  shall  main- 
tain and  use  but  one  set  of  double  tracks,  and  any  viola- 
tion of  this  provision  by  the  said  Washington  and  Great 
Falls  Electric  Railway  Company  shall  operate  as  a  repeal  of 
this  charter;  and  matters  of  dispute  between  the  companies 
respecting  railways  parallel  to  the  Conduit  road,  and  affect- 
ing the  same,  in  the  District  of  Columbia  shall  be  referred 
to  and  determined  by  the  Secretary  of  War;  and  matters 
in  dispute  between  the  companies  respectin  g  railways  on 
the  Canal  road  shall  be  determined  upon  the  application  of 
either  road  to  any  court  in  the  District  of  Columbia  having 
competent  jurisdiction.  The  inner  rail  of  said  Washington  tralj^! 
and  Great  Falls  Railway  shall  iiot,  at  any  place  on  the  line 
of  said  railway,  be  less  than  one  hundred  feet  from  the 
middle  of  the  paved  portion  of  the  Conduit  road,  except  in 
the  county  of  Montgomery,  in  the  State  of  Maryland,  in 
which  count}^  said  inner  rail  shall  not  be  less  than  fiftj^  feet 
from  the  middle  of  the  paved  portion  of  the  Conduit  road; 
and  the  said  railroad  may  cross,  under  such  conditions  as  the 
Secretary  of  W  ar  ma}^  impose,  the  lands  of  the  United  States 
at  Chatauqua,  between  Washington  Aqueduct  boundary 
stone  numbered  thirtv-one  and  a  planted  stone  south  thirty- 
six  degrees  fort3^-three  minutes  west,  and  distant  two  hun- 
dred and  six  and  five -tenths  feet  from  Washington  Aque- 
duct boundary  stone  numbered  sixty-seven,  at  which  place 
the  inner  rail  of  the  tracks  shall  be  not  less  than  sixty-five 
feet  from  the  middle  of  the  paved  portion  of  the  Conduit  May  contract 
road:  Provided,  however,  That  said  Washington  and  Great  JS^e^^.^^^^^^'^^ 
Falls  Electric  Railway  Company,  being  authorized  thereto 
by  a  vote  of  the  majority  of  its  stockholders  of  record,  may 
contract  with  any  street  railway  company  in  the  State  of 


I 


Location     of 


Bonds 
stock. 


286        LAWS    RELATING    TO   STREET-RAILWAY    FRANCHISES. 

Maryland  or  the  District  of  CoJumbia,  owning  or  operating 
a  connecting  or  intersecting  line,  for  the  joint  management, 
lease,  or  purchase  of  such  line  or  lines,  and  operate  the 
same  in  connection  and  as  an  extension  with  its  present 
line,  and  in  case  of  such  contract  may  provide  the  means 
necessary  by  an  increase  of  its  capital  stock  not  to  exceed 
the  actual  consideration  paid  or  the  actual  cost  of  the  nec- 
essary construction,  completion,  equipment,  and  mainte- 
nance thereof.    And  for  the  purpose  aforesaid  said  company 
a^^is  hereby  authorized  and  empowered  to  issue  its  bonds  to 
aid  in  paying  for  such  construction,  completion,  motive 
power,  equipment,  and  maintenance  aforesaid  and  to  se- 
cure the  said  bonds  by  mortgage  or  deed  of  trust  of  its 
right  of  way  and  all  its  property  and  franchise  of  whatso- 
ever kind,  whether  real,  personal,  or  mixed,  on  the  whole 
of  said  line,  its  extensions,  and  branches,  and  connections, 
the  stock  and  bonds  authorized  to  be  issued  and  nego- 
tiated by  said  company,  to  the  amount  of  six  hundred  and 
fifty  thousand  dollars,  under  the  decree  of  the  supreme 
court  of  the  District  of  Columbia  being  hereby  confirmed. 
Wherever  the  said  railway  shall  run  over  or  across  any  of 
the  lands  of  the  United  'States  or  any  of  the  accessory 
works  of  the  Washington  Aqueduct,  as  provided  in  this 
Act,  it  shall  be  done  only  on  such  lines,  in  such  manner, 
and  on  such  conditions  as  shall  be  approved  by  the  Secre- 
tary of  War  and  accepted  by  said  company,  and  no  work 
shall  be  done  on  said  railway  on  any  of  said  lands  until 
:p5)hibifed''  after  such  approval  and  acceptance  in  writing.     No  steam 
cars,  locomotives,  or  passenger  or  other  cars  for  steam  rail- 
ways shall  ever  be  run  over  the  tracks  of  said  railway 
withm  the  District  of  Columbia  or  on  said  lands.     Said 
company  shall,  before  commencing  work  on  said  railway 
deposit  with  the  Treasurer  of  the  United  States  to  the 
credit  of  the  Washington  Aqueduct  the  sum  of  five  thou- 
sand dollars,  or  such  other  sum  as  the  Secretary  of  War  may 
deem  proper,  to  defray  all  the  expenses  that  may  be  in- 
curred by  the  United  States  in  connection  with  the  inspec- 
tion of  the  company's  work  on  the  lands  of  the  United 
States  and  any  of  the  company's  work  that  may  aflfect 
Damages  to  ^^  interests  of  the  United  States,  and  in  making  good 
property  of  uni- any  damages  done  bv  said  company  or  its  works  to  any 
ted  states.         ^ork  or  land  or  other  property  of  the  United  States,  and 
in  completing,  as  the  Secretary  of  War  may  deem  neces- 
sary, any  of  the  company's  work  that  the  said  company 
may  neglect  or  refuse  to  complete  and  that  the  Secretary 
of  War  may  consider  necessary  for  the  safety  of  the  Wash- 
ington Aqueduct  and  the  works  pertaining  thereto,  includ- 
ing Its  telephone  line,  or  for  the  proper  drainage  of  the 
United  States  lands,  its  reservoirs,  and  other  works,  or  for 
the  proper  use  and  orderly  appearance  of  the  Conduit 
road;  and  the  said  company  and  its  successors  shall  also 
deposit  as  aforesaid  such  further  sums  for  said  purposes  and 
at  such  times  as  the  Secretary  of  War  shall  direct.     The 
said  moneys  shall  be  disbursed  like  other  moneys  appro- 
priated for  the  Washington  Aqueduct,  and  whatever  shall 


s 

etc 


Deposit. 


Construction. 


LAWS   RELATING    TO   STREET-RAILWAY   FRANCHISES.         237 

remain  of  said  deposits  after  the  completion  of  the  work 
for  which  they  may  be  obtained  shall  be  returned  to  said 
company  with  an  account  of  their  disbursement  in  detail. 
The  disbursements  of  said  deposits  shall,  except  in  case  of 
emergency,  be  made  only  on  the  order  of  the  Secretary  of 
War.     During  the  construction  and  after  the  completion 
of  said  railway,  its  agents  and  servants,  when  on  the  public 
land  of  the  United  States,  shall  be  subject  to  such  regula- 
tions as  the  Secretary  of  War  may  prescribe.     The  provi- 
sions of  this  Act,  as  far  as  applicable,  shall  apply  to  any 
extension  of  this  railway  in  the  State  of  Maryland  that  may 
be  granted  by  said  State;  and  the  provisions  of  section  fif- 
teen of  the  Act  of  Congress  approved  February  twenty- 
eighth,  eighteen  hundred  and  ninety-one,  entitled  "An  Act 
to  incorporate  the  Washington  and  Arlington  Railway 
Company,  of  the  District  of  Columbia,"  shall  control  and 
govern  all  the  privileges  granted  by  this  Act  to  the  Wash- 
ington and  Great  Falls  Electric  Railway  Company,  and  said 
section  shall  be  held  to  include  the  Washington  Aqueduct 
and  its  tunnels  and  all  other  works  connected  therewith. 
Said  Washington  and  Great  Falls  Railway  shall  everywhere 
be  constructed  in  a  neat  and  substantial  manner,  of  good 
material,  subject,  for  such  parts  of  the  line  as  are  within 
the  jurisdiction  of  the  Commissioners  of  the  District  of 
Columbia,  to  the  supervision  and  approval  of  said  Commis- 
sioners, and  for  such  parts  of  the  line  as  are  in  any  juris- 
diction outside  of  the  District  of  Columbia,  to  the  super- 
vision and  approval  of  the  proper  authorities  of  such 
jurisdiction;  the  gauge  of  the  track  to  be  the  same  as  that 
of  the  Washington  and  Georgetown  Railway;  and  the 
said  Washington  and  Great  Falls  Railway  Company  shall, 
where  its  tracks  run  on  or  across  any  street  or  road  which 
is  under  the  jurisdiction  of  the  Commissioners  of  the  Dis- 
trict of  Columbia,  or  across  the  Conduit  road  or  any  road 
outside  of  the  District  of  Columbia,  pave  the  same  between 
the  rails  and  sets  of  rails  and  two  feet  outside  thereof,  with 
such  material  and  in  such  manner  as  shall  be  approved  by 
such  proper  authorities,  as  the  case  may  require,  and  shall 
keep  the  same  in  repair  at  its  own  expense;  and  if  the  said 
corporation  shall  fail  to  make  any  necessary  repairs  within 
ten  days  after  notice  has  been  given  by  said  authorities, 
the  repairs  shall  be  made  by  said  authorities  and  the  cost 
thereof,  except  as  hereinbefore  provided,  if  not  paid  volun- 
tarily, shall  be  recovered  by  them  before  any  court  of  com- 
petent jurisdiction;  and  the  amount  of  such  repairs  shall 
be  a  lien  upon  all  property  of  said  company  from  the  time 
the  same  are  made  until  paid  by  the  company.     That  the 
said  corporation  shall  operate  its  said  road  by  electric 
power,  and  for  this  purpose  it  is  hereby  authorized  to  erect 
and  maintain  such  poles  and  aerial  lines  as  may  be  neces- 
sary for  the  proper  conduct  of  said  power;  such  lines  to  be 
built  in  the  most  perfect  and  substantial  manner:  Provided, 
That  in  order  to  prevent  any  danger  or  damage  to  the  United  sSepK^iine.' 
States  telephone  line  between  the  Great  Falls  of  the  Poto- 
mac and  Washington,  belonging  to  the  Washington  Aque- 


Crossings. 


Paving. 


Motive  power. 


288        LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES. 

duct,  or  to  its  instruments,  from  the  electric  wires  of  said 
railway  company,  the  said  company  shall,  at  all  times  and 
at  its  own  expense  remove,  change,  and  protect  said  tele- 
phone line  in  such  manner  as  may  be  directed  by  the  Sec- 
fenc^e**^  "^ct  retary  of  War.  The  said  corporation  shall  erect  and  main- 
tain, subject  to  the  approval  of  the  Secretary  of  War,  at  its 
own  expense,  a  neat,  well-painted,  and  substantial  fence, 
four  feet  in  height,  on  each  side  of  its  tracks,  through  the 
lands  of  the  United  States,  and  also  at  such  places  along  the 
Conduit  road  as  the  Secretary  of  War  may  deem  necessary, 
with  suitable  cattle  guards, openings, and  crossings  for  road- 
ways, and  at  such  places  as  the  Secretary  of  War  shall  con- 
^^^®^*  *^  ^®  required  for  the  safety  of  the  use  of  said  roadways. 
^  «•  "  That  the  said  coipo ration  shall,  at  its  own  expense,  main- 

tarn  electric  lights  during  the  hours  after  nightfall  that  its 
cars  shall  run,  and  at  least  until  twelve  o'clock  antemerid- 
ian, which  lights  shall  be  located  so  as  to  light  all  roads  on 
and  across  which  the  railway  shall  pass  and  such  other  points 
along  the  proposed  route  as  the  Secretary  of  War  shall 
direct.     No  claim  for  damages  shall  ever  be  made  by  said 
company  or  its  successors  in  consequence  of  the  exercise  of 
any  of  the  rights  of  the  United  States  under  this  Act.     The 
crossing  over  the  Conduit  road  shall  be  made  to  conform 
construction  ^.f^  changes  of  grade  of  this  road.     The  construction  of 
over   water  «aia  railway  on  any  street  where  there  are  or  may  be  any 
mains,  etc.        mains,  fixtures,  or  apparatus  pertaining  to  the  Washington 
Aqueduct  shall  be  subject  to  such  conditions  as  may  be 
approved  by  the  Secretary  of  War,  which  conditions  must 
be  obtained  and  be  accepted  in  writing  by  said  company 
before  commencing  any  work  on  such  street;  and  the  oper- 
ations of  said  company  in  respect  of  the  safety  of  such  mains, 
fixtures,  or  apparatus  shall  alwavs  be  subject  to  the  control 
and  direction  of  the  Secretary  of  War,  and  subject  to  the 
right  of  the  Secretary  of  War  or  other  lawful  public  author- 
ity to  interrupt  the  construction  or  use  of  said  railway, 
whenever  necessary  for  the  protection  or  repair  of  such 
^^mams,  fixtures,  or  apparatus.     Efficient  signals,  by  gong 
or  bell,  shall  be  made  by  every  car  before  and  during  the 
crossing  of  the  Conduit  road,  and,  if  the  Secretary  of  War 
speed  at  cr««-K?"  ^^^"^  ueccssary  and  shall  so  direct,  every  car  shall, 
ings.  before  crossing  this  road,  be  brought  to  a  full  stop.     The 

rate  of  speed  at  which  the  cars  may  run  on  said  road  shall 
not  exceed  five  miles  per  hour  on  or  across  any  street  or 
road,  and  the  fare  for  riding  over  the  said  road  shall  not 
exceed  ten  cents  each  way  per  passenger,  and  this  amount 
may  be  divided  into  divisions  of  five  cents  each.  The  work 
of  construction  and  the  operating  of  said  railway  by  said 
company  on  the  lands  of  the  United  States  shall  be  subject 
to  such  regulations  as  the  Secretarv  of  War  may  prescribe 
and  the  exercise  of  the  rights  by  "this  Act  granted  are  to 
terminate  at  the  pleasure  of  the  Secretary  of  War  in  case 
of  persistent  neglect  by  said  company  or  by  its  successors 
to  make  deposits  or  to  comply  with  any  of  "^the  conditions, 
requirements,  and  regulations  aforesaid. 


Signals 
crossings. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.         239 

''Every  car  shall  be  brought  to  a  full  stop  before  cross-  haKd^  ^*''" 
ing  the  Foxhall  road.     It  shall  'be  the  duty  of  the  Commis- 
sioners of  the  District  of  Columbia  to  inspect,  or  cause  to 
be  inspected,  from  time  to  time,  the  cars  operated  on  said 
road,  and  to  require  of  said  company  that  all  cars  and  sta-    cars, 
tions  shall  be  of  the  first  class,  and  shall  be  maintained  m 
good  condition,  and  that  cars  shall  be  run  according  to 
schedules  which  shall  accommodate  the  public;  the  said   schedule. 
Commissioners  shall  also  have  the  power  to  make  such 
regulations  as  to  the  rate  of  speed,  the  use  of  tmcks,  the  Jpged.^'^  of 
removal  of  ice  and  snow  from  oft'  the  tracks,  as  the  public 
interests  may  require;  failure  to  comply  with  any  such 
requirement  or  regulation,  or  failure  to  stop  cars  before 
crossing  the  Foxhall  and  Conduit  roads,  shall  subject  the 
company  to  a  fine  of  fifty  dollars  for  each  such  failure, 
which  fine  may  be  recovered  in  any  court  of  competent 
jurisdiction." 
Section  two  shall  be  amended  to  read  as  follows: 
''Sec.  2.  That  the  capital  stock  of  said  company  shall    capital  stock. 
be  six  hundred  and  fifty  thousand  dollars,  divided  into 
shares  of  one  hundred  dollars  each,  which  capital  stock 
may  be  increased  from  time  to  time  upon  a  majority  vote 
of  the  stockholders,  but  not  to  exceed  the  actual  cost  of 
right  of  way,  construction,  equipment,  station  houses,  and 
other  buildings  necessary  to  the  operation  of  said  road. 
The  said  company  shall  require  the  subscribers  to  the  capi- 
tal stock  to  pay  in  cash,  to  the  treasurer  appointed  by  the    how  paid  in. 
incorporators,  the  amounts  severally  subscribed  by  them, 
as  follows,  to  wit:  Fifty  per  centum  at  the  time  of  subscrib- 
ing and  the  remainder  at  such  times  and  in  such  amounts 
as  the  board  of  directors  shall  require,  and  no  subscription 
shall  be  deemed  valid  unless  the  fifty  per  centum  thereoi 
shall  be  paid  at  the  time  of  subscribing;  the  remainder 
of  said  subscription  to  be  paid  at  such  times  and  in  such 
amounts  as  the  board  of  directors  may  require,  as  herein- 
before provided;  and  if  any  stockholder  shall  refuse  or    sa^e^^deim 
neglect  to  pay  any  installments  as  aforesaid,  as  requiretl 
by  the  board  of  directors,  after  thirty  days'  notice  in  writ- 
ing, the  said  board  of  directors  may  sell  at  public  auction, 
to  the  highest  bidder,  so  many  shares  of  his  stock  as  will 
pay  the  installments;  and  the  person  who  shall  offer  to  take 
the  least  number  of  shares  for  the  assessments  due  shall  be 
taken  as  the  highest  bidder,  under  such  general  regulations 
as  may  be  provided  in  the  by-laws  of  the  company,  but  no 
stock  shall  be  sold  for  less  than  the  total  assessments  due 
and  payable;  or  the  company  may  sue  and  collect  the  same 
from  a  delinquent  subscriber  in  any  court  of  competent 
jurisdiction.     No  certificate  of  stock  shall  be  issued  until 
the  par  value  thereof  has  been  fully  paid  up.     The  company 
may  buy,  lease,  or  construct  such  passenger  rooms,  ticket 
offices,  depots,  workshops,  and  buildings  as  may  be  neces-    Buildings. 
sary,  at  such  points,  not  on  the  land  of  the  United  States, 
along  the  lines  as  the  business  of  the  railway  and  the  con- 
venience of  the  public  may  require,  and  connect  its  tracks 


—  — ■ 


=sa 


Bonds. 


240        LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 

therewith;  all  of  the  above  subject  to  the  approval  of  the 
proper  authorities.  Whenever  one-fourth  of  the  capital 
stock  of  the  company  so  subscribed  shall  have  been  paid 
in,  bonds  may  be  i}«;sued,  in  the  discretion  of  the  board  of 
directors,  to  an  amount  not  exceeding  the  balance  of  the 
stock  unpaid,  which  bonds  may  be  secured  by  mortgage  of 
its  franchises  and  property,  real  and  personal:  Provided^ 
That  the  moneys  mised  on  said  bonds  shall  be  used  and 
expended  only  for  the  completion  and  improvement  of  said 
road  and  the  equipment  thereof.  But  this  section  is  sub- 
ject to  the  provision  that  said  <.'orporation  shall  not  have  or 
issue  any  greater  number  of  shares  of  stock  than  the  nom- 
inal value  of  such  shares  shall  equal  the  actual  and  neces- 
sary cost  of  the  construction  and  equipment  of  such  rail- 
road: Provided^  however^  That  an  amount  of  stock  equal  to 
the  bonds  so  issued  shall  be  first  canceled  and  adjudged 
annulled:  And jwovided further^  That  such  stock  and  bonds 
may  be  issued  as  the  work  progresses."    • 

Section  three  shall  be  amended  to  read  as  follows: 
''Sec.  3.  That  within  thirty  days  after  the  passage  of 
this  Act  the  corporators  named  in  the  first  section,  or  a 
majority  of  them,  or  if  any  of  them  refuse  or  neglect  to 
act,  then  the  majority  of  the  remainder,  shall  cause  books 
of  subscription  to  the  capital  stock  of  said  company  to  be 
opened  and  kept  open  in  some  convenient  place  in  the  Dis- 
trict of  Columbia,  from  ten  o'clock  in  the  forenoon  until 
four  o'clock  in  the  afternoon,  for  a  period  to  be  fixed  by  the 
corporators,  not  less  than  two  days,  unless  the  whole  stock 
shall  be  sooner  subscribed;  and  the  said  corporators  shall 
give  public  notice,  by  advertisement  in  one  or  more  of  the 
daily  papers  published  in  the  city  of  Washington,  of  the 
time  when  and  place  where  the  said  books  shall  be  opened; 

Subscription  and  the  subscribers  upon  said  books  to  the  capital  stock 
of  the  said  company  shall  be  held  to  be  stockholders: 
Provided^  That  every  subscriber  shall  pay  at  the  time  of 
subscribing,  fif  tv  per  centum  of  the  amount  by  him  sub- 
scribed to  the  treasurer  appointed  by  the  corporators,  or 
his  subscription  shall  be  void;  and  when  the  books  of  sub- 
scription to  the  capital  stock  of  said  company  shall  be  closed, 
the  corporators,  and,  in  case  any  of  them  refuse  or  neglect 
to  act,  then  a  majority  of  the  remainder,  shall,  within  twenty 

Meetmgof  cor-  days  thereafter,  call  the  first  meeting  of  the  stockholders  of 
^^^  ^^^'  said  company  to  meet  within  ten  days  thereafter,  for  the 

choice  of  directors,  of  which  said  meeting  notice  shall  be 
given  in  a  daily  newspaper  published  in  the  city  of  Wash- 
ington and  by  written  notice  mailed  to  each  stockholder, 
and  each  stockholder  shall  be  entitled  to  one  vote  for  each 
share  of  stock  standing  in  his  name  on  the  books  of  the 
company,  which  vote  may  be  cast  in  person  or  by  proxy." 

Repeal.  Sec.  2.  That  all  acts  or  parts  of  acts  inconsistent  with 

the  provisions  of  this  Act  are  hereby  repealed. 

Amendment,  Sec.  3.  Congrcss  reserves  the  right  to  alter,  amend,  or 
repeal  this  Act. 

Approved,  June  3,  1896. 


etc, 


LAWS    RELATING    TO   STREET-RAILWAY    FRANCHISES.         241 

WASHINGTON  RAILWAY  AND  ELECTRIC  COMPANY.      J^^^^^^- 

«AN  ACT  Relating  to  certain  railway  corporations  owning  or  operat- 
ing street  railways  in  the  District  of  Columbia. 

Be  it  enacted  lyy  the  Senate  and  House  of  Representatives 
oftheUnitedStaies  of  America  in  Congress  as^^^^l^(i^^^l^  .^^t^X^^ 
the  Anacostia  and  Potomac  River  Railroad  Company,  the  of  respective 
Brightwood  Railway  Company  of  the  District  of  Columbia,  ^^o^t^^- 
the  Capital  Railway  Company,  the  City  and  Suburban 
Railway  Company,  the  Columbia  Railway  Company,  the 
Georgetown  and  Tenallytown  Railway  Company,  the  Met- 
ropolitan Railroad  Company  of  the  District  of  Columbia, 
and  the  Washington  and  Great  Falls  Electric  Railway 
Company  may,  under  the  authority  of  this  Act,  and  the 
Washington  and  Rockville  Railway  Company,  the  Wash- 
ington, Woodside  and  Forest  Glen  Railway  and  Power 
Company,  and  the  Washington  and  Glen  Echo  Railroad 
Company  may  also,  if  not  inconsistent  with  the  laws  of 
Maryland,  from  time  to  time,  by  their  respective  boards 
of  directors,  enter  into  (contracts  with  each  other,  or  with 
any  of  the  others,  for  the  use  of  their  respective  roads  or 
routes,  o:;  any  part  thereof.     No  such  contract  shall  take 
effect  until  the  same  shall   have  been  approved  by  the 
written  consent  of  the  owners  of  record  of  at  least  three- 
fourths  of  the  capital  stock  of  each  corporation,  or  by  the 
vote  of  the  owners  of  three-fourths  of  such  capital  stock 
represented  at  a  special  meeting  called  and  held  as  pre- 
scribed Dy  law:  Provided,  That  in  case  any  corporation 
enters  into  any  such  contract  it  is  hereby  authorized  to  ^*™« 
change  its  corporate  name  to  any  other  corporate  name  not 
then  lawf  ull  V  used  by  an  v  existing  corporation  incorporated 
or  organized  in  the  said  District.    Such  change  may  be  made 
by  a  certificate  signed  and  acknowledged  by  a  majority  of 
the  directors  of  such  corporation  and  tiled  with  the  recorder 
of  deeds  for  the  District  of  Columbia. 

Sec.  2.  That  the  Washington  and  Great  Falls  Electric 
Railway  Company  may  acquire  and  hold  stock  in  any  street 
railway  corporation  specifically  named  above  with  which  it 
is  authorized  by  the  terms  of  this  Act  to  enter  into  a  con- 
tract for  the  use  of  its  road  or  route,  and  may  provide  for 
payment  for  the  same  by  issuing  additional  amounts  of  its 
own  capital  stock  in  such  classes  and  with  such  preferences 
as  it  may  determine,  or  by  issuing  its  bonds,  secured  by 
mortgage  or  deed  of  trust  upon  its  right  of  way,  property, 
and  franchises,  or  other  obligations,  or  by  issuing  both*>o»d« 
such  stock  ^nd  bonds  or  other  obligations  to  an  amount  not 
exceeding  the  amounts  of  the  actual  consideration  paid  or 
payable  for  the  stock  so  acquired,  and  may  also  issue  fur- 
ther amounts  of  its  stock  or  bonds  or  other  obligations  not 

a  By  deed  dated  February  4,  1902,  the  Washington  and  Great  Falls 
Electric  Railway  Company  acquired  the  Columbia  Railway  Company 
and  the  Metropolitan  Railway  Company  and  changed  its  own  name  to 
the  Washington  Railway  and  Electric  Company  by  virtue  of  this  act, 

16400—05 16 


1r« 


V 


Change     of 


stock      and 


5TfHf' 


242        LAWS   RELATING   TO    STREET-RAILWAY   FRANCHISES. 

It 

exceeding  the  amounts  of  the  actual  consideration  paid,  or 
to  be  paid,  for  any  equipment  or  extensions  of  any  such 
road  or  route  or  for  electric  power  therefor:  Provided^ 
Capital  stock.  That  the  capital  stock  of  said  company  shall  at  no  time 
exceed  fifteen  million  dollars.  Whenever  the  said  Wash- 
ington and  Great  Falls  Electric  Railway  Company  shall 
have  acquired  a  majority  of  all  the  stock  issued  by  any  such 
corporation,  it  shall  have  power  to  guarantee  the  bonds  or 
other  obligations  of  such  corporation  and  to  purchase  such 
bonds  or  other  obligations.  The  Washington  and  Great 
Falls  Electric  Railway  Company  may  also  agree  with  any 
corporation  specifically  named  above  with  which  it  is 
autnorized  by  this  Act  to  enter  into  a  contract  for  the  use 
of  its  road  or  route  for  the  purchase  of  the  estate,  property, 
rights,  and  franchises  of  such  other  corporation,  and  for 
payment  for  the  same  in  cash  or  in  the  stock  or  bonds  or 
other  obligations  of  said  Washington  and  Great  Falls 
Electric  Railwa}^  Company,  to  be  issued  in  the  manner  and 
subject  to  the  limitation  hereinbefore  provided;  and  each 
such  corporation  is  hereby  empowered,  with  the  consent  in 
writing  of  the  owners  of  three-fourths  of  its  capital  stock, 
to  enter  into  such  contract  of  purchase  and  sale  through  its 
board  of  directors. 

Upon  the  execution  of  such  contract  of  purchase  and  the 
payment  or  delivery  of  the  consideration  therein  agreed 
upon  the  estate,  property,  rights,  and  franchises  of  the 
corporation  selling  the  same  shall  vest  in  and  be  held 
and  enjoyed  by  the  Washington  and  Great  Falls  Electric 
Railway  Company  as  fully  and  entirely,  without  change  or 
diminution,  as  the  same  were  before  held  and  enjoyed  by 
the  company  selling  the  same,  and  shall  be  managed  and 
controlled  by  the  board  of  directors  of  the  said  W^ashington 
and  Great  Falls  Electric  Railway  Company  in  its  corporate 
name  or  in  such  other  name  as  it  shall  adopt  by  the  filing  of 
a  certificate  as  hereinbefore  authorized :  Provided,  That  the 
existing  liabilities  of  the  selling  corporation  and  the  rights 
of  its  creditors  shall  not  be  affected  thereby:  And  pi^ovided 
further^  That  no  action  or  proceeding  to  which  any  corpora- 
tion whose  estate,  property,  rights,  and  franchises  shall  be 
acquired  as  herein  provided  is  a  party  shall  abate  in  conse- 
quence thereof,  but  the  same  may  be  continued  in  the  name 
of  the  party  by  or  against  which  the  same  was  begun,  unless 
the  court  shall  order  the  said  Washington  and  Great  Falls 
Electric  Railwa}^  Company  to  be  substituted  in  its  place. 
Approval  of     The  approval  of  stockholders  herein  provided  for  may 

stockiioiders.  |^^  given  by  the  consent  in  writing  of  the  owners  of  record 
of  mree-fourths  of  the  capital  stock  of  each  company,  or  by 
the  vote  of  the  owners  of  three-fourths  of  the  capital  stock 
of  each  company,  represented  at  a  special  meeting  called 
and  held  as  prescribed  by  the  by-laws  of  the  respective 
Certificate   to  Companies  or  by  law.    W^henever  a  certificate  shall  be  filed 

TOrdCT'^oFdeerts'  ^^^^  ^^^  recorder  of  deeds  for  the  District  of  Columbia, 
signed  and  acknowledged  by  a  majority  of  the  board  of 
directors  of  each  of  the  corporations  to  be  affected  thereby, 
showing  that  a  contract  of  purchase  and  sale  has  been 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES. 


243 


made  and  approved  as  herein  provided,  such  certificate 
shall  be  presumptive  evidence  of  the  facts  therein  set 
forth.  Upon  the  filing  of  such  certificate  a  notice  shall 
be  mailed  to  each  stockholder  of  record  in  such  corpora- 
tions, setting  forth  the  time  when  and  place  where  such 
certificate  was  filed,  and  if  within  thirty  days  after  the 
mailing  of  such  notice  any  stockholder  of  any  of  the  com- 
panies affected  thereby  shall  give  notice  in  writing  to  the 
said  Washington  and  Great  Falls  Electric  Railway  Com- 
pany that  he  dissents  from  such  contract,  it  shall  be  the 
duty  of  the  said  company,  within  sixty  days  after  the 
filing  of  such  certificate,  to  institute  a  proceeding  for  the 
appraisement  of  the  shares  of  such  dissenting  stockholder. 
If  any  stockholder  shall  omit  to  give  such  notice  of 
dissent,  he  shall  be  deemed  to  have  assented  to  such  con- 
tract. Said  proceeding  for  appraisement  may  be  begun  Appraisement 
by  filing  with  the  supreme  court  of  the  said  District 
a  petition  praying  for  the  appointment  of  three  per- 
sons to  appraise  the  value  of  such  stock.  The  court  shall 
thereupon  appoint  three  such  appraisers  and  designate  the 
time  and  place  of  their  first  meeting.  The  court  may  fill 
any  vacancy  in  the  board  of  appraisers  occurring  by 
refusal  or  neglect  to  serve  or  otherwise.  The  appraisers 
shall  meet  at  the  time  and  place  designated,  and  after 
being  sworn  honestly  and  faithfully  to  discharge  their 
duties,  shall  appraise  such  stock  at  its  full  value,  without 
regard  to  any  appreciation  or  depreciation  thereof  in  con- 
sequence of  such  conti*act  of  purchase  and  sale;  and  said 
award,  when  confirmed  by  the  court,  shall  be  final  and 
conclusive  on  all  parties.  The  charges  and  expenses  of 
the  appraisers  shall  be  paid  by  the  said  Washington  and 
Great  Falls  Electric  Railway  Company.  If  the  person 
entitled  to  receive  the  amount  of  the  award  shall  refuse  to 
accept  the  same,  or  if  for  any  reason  it  shall  not  be  pos- 
sible to  make  payment  of  the  amount  of  the  award  to  such 
person  entitled  to  receive  the  same,  without  unreasonable 
delay,  the  court  may  direct  the  same  to  be  deposited  in 
court.  When  the  said  company  shall  have  paid  or  depos- 
ited in  court  the  amount  fixed  by  the  appraisers  as  the 
value  of  the  shares  of  the  dissenting  stockholder,  such 
stockholder  shall  cease  to  have  any  interest  in  said  ap- 
praised stock  or  in  the  property  or  franchises  represented 
thereby,  and  the  said  Washington  and  Great  Falls  Electric 
Railway  Company  shall  receive  back  from  the  corporation 
whose  estate,  rights,  property,  and  franchises  it  has  ac- 
quired, that  portion  of  the  consideration  for  such  sale,  or 
of  the  proceeds  thereof,  which  otherwise  would  have  been 
distributed  to  such  dissenting  stockholder.  If  such  pay- 
ment or  deposit  is  not  made  within  thirty  days  from  the 
confirmation  of  the  appraisal,  the  amount  of  the  award, 
with  interest  from  the  date  of  confirmation,  shali  be  a 
judgment  against  the  said  W^ashington  and  Great  Falls 
Electric  Railway  Company,  and  may  be  entered,  docketed, 
and  collected  as  other  judgments  in  said  court  are  b}^  law 


244        LAWS   RELATING    TO    STREET-RAILWAY    FRANCHISES. 

collectible.  If  the  said  company  shall  omit  to  institute 
the  proceeding  hereinbefore  required,  within  the  time 
hereby  limited,  the  stockholder  giving  such  notice  may 
institute  such  proceeding  by  a  proper  petition  on  his  own 
behalf  or,  at  the  election  of  such  stockholder,  the  estate, 
rights,  property,  and  franchises  of  the  selling  corporation 
shall  revest  in  such  corporation,  and  the  consideration 
received  therefor  shall  be  repaid  to  the  said  Washington 
and  Great  Falls  Electric  Railway  Company. 

All  obligations  imposed  by  law  upon  the  Washington 
and  Great  Falls  Electric  Railway  Company  in  respect  to 
the  time  and  mode  of  constructing  its  railway,  or  the 
motive  power  to  be  employed,  or  the  speed  or  frequency 
at  which  cars  are  to  be  run,  or  in  respect  to  any  other 
matter  affecting  the  interests  of  the  United  States,  or  of 
the  general  public,  or  the  people  of  the  said  District,  ex- 
cept as  such  obligations  are  expressly  modified  or  repealed 
by  this  Act,  shall  continue  to  be  applicable  to  the  road 
or  route  now  belonging  to  said  corporation,  and  shall  be 
confined  thereto:  Provided,  That  the  Washington  and 
Great  Falls  Electric  Railway  Company,  on  the  purchase 
of  the  property  or  franchises  of  any  or  all  of  said  railroad 
companies  as  in  this  bill  authorized,  shall  be  empowered 
to  charge  over  the  said  route  or  routes  thus  acquired  the 
rates  of  fare  now  authorized  by  law  to  be  charged  thereon 
by  the  respective  companies  owning  or  operating  the 
same,  and  no  more:  And  provided  further.  That  the  right 
or  privilege  granted  by  section  one  of  the  Act  approved 
July^  twenty-ninth,  eighteen  hundred  and  ninety-two, 
entitled  ''An  Act  to  incorporate  the  Washington  and  Great 
Falls  Electric  Railway  Company,"  by  which  said  company 
is  authorized  to  charge  a  fare  of  ten  cents  per  passenger 
for  transportation  over  the  line  of  railway  authorized  and 
described  by  said  Act,  be,  and  the  same  hereby  is,  amended 
so  as  to  limit  the  rate  of  fare  on  said  line  of  railway  to 
five  cents  per  passenger,  and  said  Washington  and  Great 
Falls  Electric  Railway  Company  is  hereby  required  to  sell 
tickets  at  the  rate  of 'six  for  twenty -five  cents,  each  good 
for  the  transportation  of  one  passenger  over  the  whole  or 
any  part  of  its  said  line  of  railway  authorized  and  described 
by  said  Act  within  the  District  of  Columbia. 

All  obligations  imposed  by  law  upon  any  corporation 
hose  road  or  route  is  acquired  in  accordance  with  the 
rovisions  of  this  Act,  except  as  the  same  may  be  ex- 
pressly modified  or  repealed  by  this  Act,  shall  continue  to 
be  applicable  to  such  acquired  road  or  route  and  shall  be 
confined  thereto,  and  such  road  or  route  shall  be  acquired 
subject  to  such  obligations  and  with  all  the  rights  and 
powers  possessed  by  the  selling  corporation. 
Electric  Power     Sec.  3.  That  the  Washington  and  Great  Falls  Electric 
Companies.        Railway  Company  may  acquire  and  hold  shares  of  the 
capital  stock  or  other  securities  of  any  company  supplying 
or  under  contract  to  supply  electric  power  in  the  operation 
of  its  railway  to  it  or  to/ any  of  the  corporations  whose 


Fare. 


Existing  char- 
ters of  consti 
ent  roads. 


LAWS   RELATING   TO   STREET-RAILWAY    FRANCHISES.         245 

Shares  of  stock  or  whose  property  and  franchises  it  is 
authorized  to  acquire  under  this  Act;  and  as  a  part  of  any 
contract  for  the  supply,  of  said  power  the  said  Washington 
and  Great  Falls  Electric  Railway  Company  may  exchange 
its  stock  and  securities  for  the  stock  and  securities  of  any 
such  electric  power  company,  and  may  guarantee  the 
securities  of  any  such  power  company,  but  in  no  event 
shall  said  railway  corporation  be  authorized  to  receive  a 
transfer  of  the  property  or  franchises  ot  such  electric 

^""sec  TC'the  Washington  and  Great  Falls  Electric  i^i'-torB. 
Railway  Company  is  hereby  authorized  from  time  to  time 
to  make  such  changes  in  the  number  of  its  directors  as  its 
bv-laws  may  provide,  and  also  to  limit  and  regulate  in  its 
by-laws  the  times  and  conditions  of  the  examination  of 
its  books  and  records  by  stockholders:  Proytdfd,  ihat  the 
stock  and  transfer  books  shall  at  all  times,  during  business 
hours,  be  open  to  the  inspection  of  stockholders. 

Sec  5.  That  all  Acts  or  parts  of  Acts  inconsistent  with 
the  provisions  of  this  Act  are  hereby  repealed. 

Sec.  6.  That  Congress    reserves  the  power  to  alter, 
amend,  or  repeal  this  Act. 

Approved,  June  5,  1900. 


WASHINGTON  AND  MARLBORO  ELECTRIC  RAILWAY  COMPANY. 

AN  ACT  To  authorize  the  Washington  and  Marlboro  Electric  Railway  -^%^^'^^ 
Company,  of  Maryland,  to  extend  its  line  of  road  into  and  withm  28, stats. p. 717. 
the  District  of  Columbia. 

Be  it  enacted  hy  the  Senate  and  House  of  RepresentaUves 
of  the  United  States  of  Ammca  in  CongreM  assembled,  inat^  Washington 
the  Washington  and  Marlboro  Electric  Railway  Company,  Elect ric^Rwy. 
incorporated  by  an  act  of  the  general  assembly  ot  Maryland,  authorized  u.  ex- 
entitled  ''An  Act  to  incorporate  the  Washington  and  Marl-  tend.,i-of  'c^ 
boro  Electric  Railway  Company,"  and  so  forth,  approved  lumWa. 
on  the  eighth  day  of  April,  eighteen  hundred  and  nmety, 
is  hereby  authorized  to  construct  and  lay  down  a  street 
railway,  with  the  necessary  switches,  turn-outs,  and  other 
mechanical  devices,  in  the  District  of  Columbia,  and  run 
cars  thereon  through  and  along  the  f ollowmg  routes: 

Bec^inning  at  and  on  the  southeasterly  boundary  hne  ot    R«ute. 
the  District  of  Columbia  where  the  line  of  railway  of  said 
company  within  the  State  of  Maryland  shall  reach  the  same, 
and  running  thence  by  Suitland  road,  Bowen  road,  and 
Branch  avenue,  or  other  practicable  route  which  may  be 
approved  by  the  Commissioners  of  the  District  of  Colum- 
bia, to  connect  with  Pennsylvania  avenue  extended;  thence 
by  and  with  said  avenue  to  and  across  the  tracks  ot  the 
Baltimore  and  Ohio  Railroad  on  Railroad  avenue;  thence 
along  Railroad  avenue  to  Naylor  road  and  by  the  same  to 
the  Anacostia  River;  thence  across  the  Anacostia  River  by  ^^^^;^^ 
a  steel  or  iron  truss  bridge  resting  on  masonry  piers  built 
parallel  to  the  direction  of  the  current,  with  pile  or  other 
secure  and  approved  foundations,  and  with  spans  not  less 
than  those  of  the  Pennsylvania  avenue  bridge,  and  with  a 
wide  drawspan  over  the  channel.     The  plans  of  said  bridge 
shall  be  approved  in  writing  by  the  Secretary  of  War,  and 
the  bridge  shall  be  built  by  said  company  over  and  above 
the  tracks  of  the  Baltimore  and  Potomac  Railroad  in  such 
manner  and  at  such  height  as  not  to  interfere  with  the  use 
of  said  railroad;  and  thence  to  the  intersection  of  Pennsyl- 
vania avenue  and  Fifteenth  street  southeast  by  a  route  to 
be  approved  by  the  Commissioners  of  the  District  of  Colum- 
bia ;  thence  north  on  Fifteenth  street  east,  to  Florida  avenue ; 
thence  northwesterly  on  Florida  avenue  to  Seventh  street    ^^^ 
northwest;  also,  when  the  proposed  extension  of  Pennsyl-  route 
vania  avenue  shall  have  been  completed  to  Bowen  road, 
then  the  route  of  said  railroad  may  be  extended  from  the 
intersection  of  Branch  avenue  therewith  to  Bowen  road, 
and  by  further  practicable  route  as  may  be  approved  by  the 

247 


Plan  of  bridge. 


Extension    o! 


248 


LAW8    RELATING    TO    STREET-RAILWAY    FRANCHISES. 


sion 


Widening 
streets. 


try  road. 


Construction. 


Commissioners  of  the  District  of  Columbia  to  the  boundary 
line  of  the  said  District  at  or  near  the  Suitland  road:  Pro- 
Timefotexten-  ^ided^  That  such  extension  of  the  road  shall  be  made  within 
one  year  after  the  opening  of  Pennsylvania  avenue  to  the 
Bowen  road.  These  routes  may  be  modified  or  extended 
at  the  will  of  Congress,  and  the  said  railway  company  shall 
comply  with  such  modifications  or  extensions, 
of  Sec.  2.  That  whenever  the  roadway  of  any  street  occu- 
pied by  the  said  railwa}^  company  is  widened,  one-half  of 
the  cost  of  widening  and  improvement  of  such  widened 
pai't  shall  be  charged  to  the  said  railway  company  and  col- 
lected from  said  company  in  the  same  manner  as  the  cost 
of  laying  or  repairing  pavements  lying  between  the  exte- 
rior rails  of  the  tracks  of  street  railways,  and  for  a  dis- 
tance of  two  feet  from  and  exterior  to  such  track  or  tracks 
on  each  side  thereof  is  collectible  under  the  provisions  of 
section  5  of  the  Act  entitled  "An  Act  providing  a  perma- 
nent form  of  government  for  the  District  of  Columbia," 
approved  June  eleventh,  eighteen  hundred  and  seventy- 
eight. 
Route  in  coun-  Sec.  3.  That  whcu  the  route  described  coincides  with  that 
of  a  country  road  of  less  width  than  sixty-six  feet  the  rail- 
way shall  be  constructed  entirely  outside  the  road. 

Sec.  4.  That  the  said  railway  shall  be  constructed  in  a 
substantial  and  durable  manner;  and  all  rails,  electrical 
and  mechanical  appliances,  conduits,  stations,  and  so  forth, 
shall  be  of  approved  pattern. 

Sec.  5.  That  the  said  corporation  shall  at  all  times  keep 
the  space  between  its  tracks  and  rails  and  two  feet  exterior 
thereto  in  such  condition  as  the  Commissioners  of  the  Dis- 
trict of  Columbia  or  their  successors  may  direct,  and  when- 
ever any  street  occupied  by  said  railway  is  paved  or  repaired 
or  otherwise  improved  the  said  corporation  shall  bear  all  the 
expense  of  improving  the  spaces  above  described.  Should 
the  said  corporation  fail  to  comply  with  the  orders  of  the 
Commissioners,  the  work  shall  be  done  by  the  proper  offi- 
cials of  the  District  of  Columbia  and  the  amounts  due  from 
said  corporation  shall  be  collected  as  provided  by  section 
five  of  the  Act  entitled  ''An  Act  providing  a  permanent 
form  of  government  for  the  District  of  Columbia,  "approved 
June  eleventh,  eighteen  hundred  and  seventy-eight. 

Sec.  6.  That  if  the  said  railway  be  operated  by  overhead 
wires  the  corporation  shall  furnish  and  maintain  such  lights 
along  its  line  as  the  Commissioners  of  the  District  of  Colum- 
bia may  direct,  without  cost  to  the  District  of  Columbia; 
but  no  overhead  wires  shall  be  constructed  or  used  within 
the  limits  of  the  city  of  Washington. 

Sec.  7.  That  nothing  in  this  Act  shall  prevent  the  Dis- 
trict of  Columbia  at  any  time,  at  its  option,  from  altering  the 
grade  of  any  avenue,  street,  or  highway  occupied  by  said 
railway,  or  from  altering  and  improving  streets,  avenues, 
and  highways,  and  the  sewerage  thereof.  In  such  event  it 
shall  be  the  duty  of  said  compan}^  to  change  its  said  rail- 


Pavingr 


Lights. 


Change 
grade,  etc. 


of 


LAWS    RELATING   TO   STREET-RAILWAY   FRANCHISES.         249 

way  and  the  pavement  so  as  to  conform  to  such  grades  and 
improvements  as  may  have  been  established. 

Sec.  8.  That  it  shall  be  lawful  for  said  railway  company,  Trenche8,etc 
its  successors  or  assigns,  to  make  all  needful  and  convenient 
trenches  and  excavations  in  any  of  said  streets  or'places 
where  said  companv  may  have  the  right  to  construct  and 
operate  its  road,  and  place  in  such  trenches  and  excava- 
tions all  needful  and  convenient  devices  and  machinery  tor 
operating  said  railroad  in  the  same  manner  and  by  the 
means  aforesaid.  But  whenever  such  trenches  or  excava- 
tions shall  interfere  with  any  sewer,  gas,  or  water  pipes,  or 
any  subways  or  conduits,  or  any  public  work  of  the  kind, 
then  the  expense  necessary  to  change  such  underground 
constructions  shall  be  borne  by  the  said  railroad  company. 

Sec.  9.  That  the  said  company  shall,  before  commencing    Deposit^  f^ 
work  on  said  railroad  on  such  street,  deposit  with  the  ^^t«^"^^- 
Treasurer  of  the  United  States  to  the  credit  of  the  Wash- 
ington Aqueduct  such  sum  as  the  Secretary  of  War  may 
consider  necessary  to  defray  all  the  expenses  that  may  be 
incurred  by  the  United  States  in  connection  with   the 
inspection  of  the  work  of  construction  of  said  railroad  on 
such  street,  and  in  making  good  any  damages  done  by  said 
company,  or  its  works,  or  by  any  of  its  contracting  agents, 
to  any  of  said  mains,  fixtures,  or  apparatus,  and  in  com- 
pleting, as  the  Secretary  of  War  may  consider  necessary, 
any  of  the  work  that  the  said  company  may  neglect  or 
refuse  to  complete,  and  that  the  Secretary  of  War  may  con- 
sider necessary  for  the  safety  of  said  mains,  fixtures,  or 
apparatus;  and  the  said  company  shall  also  deposit  as 
aforesaid  such  further  sums  for  said  purposes  at  such  times 
as  the  Secretary  of  War  may  consider  necessary :  Provided^ 
That  the  said  *^sum  shall  be  disbursed  like  other  moneys 
appropriated   for  the   Washington   Aqueduct,   and  that 
whatever  shall  remain  of  said  deposits  at  the  end  of  one 
vear  after  the  completion  of  said  railroad  in  such  street 
shall  be  returned  to  said  company  on  the  order  of  the  Sec- 
retary of  War,  with  an  account  of  its  disbursement  in 
detail:  Andjn^ovided  also,  That  disbursements  of  said  de- 
posits shall,  except  in  cases  of  emergency,  be  made  only 
on  the  order  of  the  Secretary  of  War.  .         __    ^. 

Sec.  10.  That  it  shall  also  be  lawful  for  said  corporation  ^^Engine  houses, 
its  successors  or  assigns,  to  erect  and  maintain,  at  such 
convenient  and  suitable  points  along  its  lines  as  may  seem 
most  desirable  to  the  board  of  directors  of  the  said  cor- 
poration, and  subject  to  the  approval  of  the  said  Commis- 
sioners, an  engine  house  or  houses,  boiler  house,  and  all 
other  buildings  necessary  for  the  successful  operation  of  a 
cable-motor,  electric,  pneumatic,  or  other  railroad. 

Sec.  11.  That  the  line  of  the  said  railway  company  shall  c^^^^^f.^.ent 
be  commenced  within  one  year  and  completed  within  two 
years  from  the  passage  of  this  Act. 

Sec.  12.  That  the  said  company  may  run  public  carriages    Motive  power. 
propelled  by  cable,  electric,  or  other  mechanical  power;  but 


250        LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES. 


routes, 


nothing  in  this  Act  shall  allow  the  use  of  steam  power  in 

Crossings.  locomotives :  Provided  further^  That  for  the  purpose  of  mak- 
ing a  continuous  connection,  the  said  company  shall  have 
the  right  to  cross  all  streets,  avenues  and  highwa.ys  that 

Coinciding  ^^^^  \^^ deemed  necessary  for  this  purpose :  Provided^  That 
whenever  the  foregoing  route  or  routes  may  coincide  with 
the  route  or  routes  of  any  duly  incorporated  street  railway 
company  in  the  District  "of  Columbia,  the  tracks  shall  be 
used  by  both  companies,  which  are  hereby  authorized  and 
empowered  to  use  such  tracks  in  common,  upon  such  fair 
and  equitable  terms  as  may  be  agreed  upon  by  said  com- 
panies; and  in  the  event  the  said  companies  fail  to  agree 
upon  equitable  terms  either  of  said  companies  may  apply 
by  petition  to  the  supreme  court  of  the  District  of  Colum- 
bia, which  shall  immediately  provide  for  proper  notice  to 
and  hearing  of  all  parties  interested,  and  shall  have  power 
to  determine  the  terms  and  conditions  upon  which,  and 
the  regulations  under  which,  the  company  hereby  incor- 
porated shall  be  entitled  so  to  use  and  enjo}^  the  track  of 
such  other  street  railway  company,  and  the  amount  and 
manner  of  compensation  to  be  paid  therefor:  Andjyrovided 
further^  That  neither  of  the  companies  using  such  track  in 
common  shall  be  permitted  to  make  the  track  so  used  in 
common  the  depot  or  general  stopping  place  to  await  pas- 
sengers, but  shall  only  be  entitled  to  use  the  same  for  the 
ordinary  passage  of  its  cars,  with  the  ordinary  halts  for 
taking  up  and  dropping  off  passengers:  Provided^  That  this 
shall  not  apply  to  or  interfere  with  any  station  already 
established  on  any  existing  lines;  that  said  corporation  is 
authorized  and  empowered  to  propel  its  cars  over  the  line 
of  any  other  road  or  roads  which  may  be  in  the  alignment 
with  and  upon  such  streets  as  may  be  covered  by  the  route 
or  routes  as  prescribed  in  this  Act,  in  accordance  with  the 
conditions  hereinbefore  contained;  and  that  this  corpora- 
tion shall  construct  and  repair  such  portions  of  its  road  as 
may  be  upon  the  line  or  routes  of  any  other  road  thus  used; 
and  in  case  of  any  disagreement  with  any  company  whose 
line  of  road  is  thus  used,  such  disagreement  may  be  sum- 
marily determined  upon  the  application  of  either  road  to 
any  court  in  said  District  having  competent  jurisdiction. 

Passenger  Sec.  13.  That  the  Said  company  shall  furnish  and  main- 
tain passenger  houses  as  required  by  the  Commissioners  of 
the  District  of  Columbia,  and  shall  place  first-class  cars  on 
said  railway  with  all  the  modern  improvements  for  the 
convenience,  comfort,  and  safety  of  passengers,  and  shall 
run  cars  as  often  as  the  public  convenience  may  require. 

Time-table,  according  to  a  time-table  approved  by  the  Commissioners 
of  the  District  of  Columbia.  Every  failure  to  comply 
with  the  conditions  of  this  section  shall  render  the  said 
corporation  liable  to  a  fine  of  fifty  dollars,  to  be  recovered 
in  any  court  of  competent  jurisdiction  at  the  suit  of  the 
Commissioners  of  said  District. 

Speed.  Sec.  14.  That  the  Commissioners  of    the   District  of 

Columbia  may  make  such  regulations  as  to  rate  of  speed, 


houses. 
Can. 


LAWS   RELATING    T(»   STREET-RAILWAY    FRANCHISES. 


251 


1      /•   •  J  «T  oo   in     Removal  of  ice 

mode  of  use  of  tracks,  and  removal  of  ice  '^n^  snow  as  in^„a™„„, 
their  iudgment  the  interest  and  convenience  of  the  pubhc 
mav  reqmre.     Should  the  servants  or  agents  of  said  com- 
rnnv  willfully  or  negligentlv  violate  such  An  ordinance  or 
Hat  on  sa^id  com|any  shall  be  liable  to  the  District  ot 

'(^iLbia  for  a  penally  not  ^^ ^'"^thlt  ^al'eladvel  t-    A«.e.. ... . 

Sec  15.  That  all  articles  ot  value  that  may  be  inaaveii  ^^ 

entlvleft  in  any  of  the  cars  or  other  vehicles  ot  the  said  com- 
mnv  shall  be  biken  to  its  principal  depot  and  entered  in  a 
Kk  of  record  of  unclaimed  goo(fs,  which  book  s  lall  be  open 
to  the  inspection  of  the  public  at  all  reasonable  hours  ot 

business.  ,     „  v  „*„,.„  fh<»  «i-ot     Annual    re- 

Sec  16.  That  said  company  shall,  on  or  befoie  the  tirstp„rt. 
of  February  of  each  year,  make  a  report  t»  y>ngre8s 
trough  the  Commissioners  of  the  District  of  Columbia,  of 
ihe  nfmes  of  all  the  stockholders  therein  and  the  ainount 
of  stock  held  by  each,  together  with  a  detailed  statement  ot 
?LreLipts  ani  expenditures,  from  whatever  source  a^^^^^^^ 
whatever  account,  for  the  preceding  year  ending  Decembei 
the  thirty-first,  and  such  other  facts  as  may  be  required  by 
any  genei-al  law  of  the  District  of  Columbia,  which  report 
shall  be  verified  by  the  affidavit  of  the  president  and  seci-e- 
tervof  said  company,  and,  if  said  report  is  not  made  at  the 
dmespecifiedorwithin  ten  daysthereafter,suchta.luresl^ll 
of  itself  operate  as  a  forfeiture  of  the  privileges  and  r.ghis 
herein  granted,  andit  shallbetheduty  of  the  Commissioners 
to  causi  to  be  instituted  proper  judic  al  ^of  .e^'ng^  ^^f '^-    ,„„ 
for;  and  said  company  sUll  pay  to  the  District  of  Colum-    Taxes 
bia,  in  lieu  of  personal  taxes  upon  personal  property,  includ- 
ing cars  and  motive  power,  each  year,  tour  per  centum  ot 
i?s  gross  earnings  within  the  District  of  Columbia  which 
amountshall  bepayable  to  thecoUector  of  taxes  at  the  times 
and  in  the  manner  that  other  taxes  are  now  due  and  myable, 
and  subiect  to  the  same  penalties  on  arrears;  and  the  tran- 
chiseand  property  of  said  company,  both  real  and  personal, 
to  a  sufficint  amount  may  be  seized  and  sold  in  satisfaction 
thereof,  as  now  provided  by  law  for  the  sale  of  other  prop- 
erty for  taxes;  and  said  per  centum  ot  its  gross  earnmgs 
shall  be  in  lieu  of  all  other  assessments  of  personal  taxes 
upon  its  property  used  solely  and  ^xclusnely  in  the  opera^ 
tion  and  management  of  said  railway:  Provided,  1  hat  the 
payment  of  the  said  four  per  centum  of  ite  gross  earnings 
shall  not  be  required  during  the  period  ot  five  years  after 
the  commencement  of  the  operation  ot  said  milway,  orany 
part  thereof.     Its  real  estate  shall  be  taxed  as  other  real 
estate  in  the  District  of  Columbia:  Proridsd  further, Ih&t 
its  tracks  shall  not  be  taxed  as  real  estate. 

Sec.  1Y.  That  said  company  may  receive  a  rat«  ot  tare 
not  exceeding  five  cents  per  passenger;  and  the  said  com- 
nanv  may  mtke  arrangements  with  all  existing  railway 
Sa^es  in  the  Distrkt  of  Columbia  for  the  interchange 
of  tickets  in  payment  of  fare  on  its  roads:  P,mv-<fe^,  That 
within  the  limits  of  the  District  of  Columbia  six  tickets 
shall  be  sold  for  twenty -five  cents. 


cars. 


252         LAWS    RELATING    TO   STREET-RAILWAY    FRANCHISES. 

oadwa"''^    "^     Sec.  18.  That  the  said  company  shall  have  at  all  times 
'^*^'  the  free  and  uninterrupted  use  of  the  roadway,  and  if  any 

person  or  persons  shall  willfully,  mischievously,  and  unlaw- 
fully obstruct  or  impede  the  passage  of  cars  of  said  rail- 
way company  with  a  vehicle  or  vehicles,  or  otherwise,  or  in 
any  manner  molest  or  interfere  with  passengers  or  opera- 
tives while  in  transit^  or  destroy  or  injure  the  cars  of  said 
railway,  or  depots,  stations,  or  other  property  belonging  to 
the  said  railway  company,  the  person  or  persons  so  offend- 
ing shall  forfeit  and  pay  for  each  such  offense  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars,  to  be  recov- 
ered as  other  tines  and  penalties  in  said  District,  and  shall 
remain  liable,  in  addition  to  said  penalty,  for  any  loss  or 
damage  occasioned  by  his  or  her  or  their  act  as  aforesaid; 
but  no  suit  shall  be  brought  unless  commenced  within 
sixty  days  after  such  offense  shall  have  been  committed. 
Crossings.  jj^gc.  19.  That  the  said  railway  company  shall  have  the 

right  of  way  across  such  other  railways  as  are  now  in 
operation  within  the  limits  of  the  lines  granted  by  this  Act, 
and  is  hereby  authorized  to  construct  its  said  road  across 
such  other  railways:  Provided,  That  it  shall  not  interrupt 
the  travel  of  such  other  railways  in  such  construction. 
Ejection  from  Sec.  20.  That  no  pcrsou  shall  be  prohibited  the  right  to 
*"■  travel  on  any  part  of  said  road  or  ejected  from  the  cars  by 

the  company's  employees  for  any  other  cause  than  that  of 
being  drunk,  disorderly,  or  contagiously  diseased,  or  refus- 
ing to  pay  the  legal  fare  exacted,  or  to  comply  with  the 
lawful  general  regulations  of  the  company. 
Condemnation  "^yjc,  21.  That  in  the  cvcut  the  company  should  not  be 
able  to  come  to  an  agreement  with  the  owner  or  owners  of 
any  land  through  which  the  said  road  may  be  located  to 
pass,  proceedings  for  the  condemnation  for  the  use  of  the 
company  of  so  much  of  said  land  as  may  be  required,  not 
exceeding  fifty  feet  in  width,  may  be  instituted  in  the  usual 
way  in  the  supreme  court  of  the  District  of  Columbia, 
under  such  rules  and  regulations  as  said  court  may  pre- 
scribe for  such  purposes. 
Guaranty   de-     ggc.  22.  That  the  Said  railway  company  shall  deposit 

^^^'  with  the  collector  of  taxes.  District  of  Columbia,  the  sum 

of  one  thousand  dollars,  within  sixty  days  from  the  pas- 
sage of  this  Act,  as  a  guaranty  that  it  will  commence  and 
complete  its  road  within  the  time  herein  limited.  Should 
the  said  railway  company  fail  to  commence  or  complete  the 
construction  of  its  road  within  the  limit  of  time  prescribed 
by  this  Act,  said  sum  of  one  thousand  dollars  shall  be 
forfeited  by  the  said  railway  company,  and  shall  be  depos- 
ited by  the  collector  of  taxes  with  the  United  States  Treas- 
urer to  the  credit  of  the  United  States  and  the  District  of 
Columbia,  in  equal  parts. 
Plans.  gEc.  23.  That  all  plans  relating  to  the  location  and  con- 

struction of  said  railway  shall  be  subject  to  the  approval 
of  the  Commissioners  of  the  District  of  Columbia,  or  their 
successors,  and  all  work  shall  at  all  times  be  subject  to 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.         253 


Deposits    with 


their  suoervision.    The  said  corporation  shall,  from  time  „^,Ye"c tor  of 
to  timTdeposit  with  the  collector  of  taxes,  District  of  «xe,. 
a.lumb  a,  «uch  amounts  ^  may  be  deemed  necessary  by 
sdd  Commissioners  to  cover  the  cost  of  inspection,  super- 

vision,  pavement,  and  repairs.  _  ,.     conditions 

Rfo  24    That  all  the  conditions,  requirements,  and  obli-  rtaubecompiied 
Mtk-ns  imposed  by  the  terms  of  this  Act  upon  the  Wash-  »>*. 
Sn  aTMailboro  Electric  Railway  Company  shall  be 
complied  with  by  any  and  all  the- successors  t«  and  assigns 

of  said  Company.  , .  ,        „u^,.^r^       Amendment. 

Sec.  25.  that  this  Act  may  at  any  time  be  altered^  repeal, 
anfended,   or   repealed  by  the  Congress  ot  the   Umted 
States. 


Approved,  March  2,  1895. 


April  3,  1900. 


AN  ACT  to  amend  the  charter  of  the  East  Washington  Heights 

Traction  Kailroad  Company. 

Be  it  enmted  hy  tU  Senate  and  Hmse  ^f  ^^P^%fJ^4^^. 
of  the  United  States  of  Anu^nea^n  Congress  asmnhled.  That 
the  charter  of  the  East  Washington  Heights  Traction  Rail- 
ro^  Company,  of  the  District  of  Columbia,  be  and  the 
same  is  hfrebv,  amended  so  as  to  authorize  and  pemit 
^safd  comiia'ny  to  lay  down  its  tracks  and  opemte  ,^ 
cars  from  its  present  authorized  terminus  at  the  we^tei  n 
approach  to  t^e  Penn.sylvania  Avenue  Bridge  as  provided 
?n  section  one  of  the  Act  of  incorporation;  thence  north 
on  Sevinth'^street  east  to  East  Capitol  street;  thence 
west  on  East  Capitol  street  to  Fifteenth  street  east,  con- 
acting  with  thi  Metropolitan  Railway;  also  from  the 
ntersfction  of  Minnesota  avenue  and   Harrison   street 
ihence  westerly  on  Harrison  street  to  Pierce  street;  thence 
sSK  on  pierce  street  to  Jackson  street;  thence  west- 
eX  along  Ja«k.son  street  to  Monroe  street;  also  north- 
ward on  llinnesota  avenue  as.  laid  down  on  the  highway- 
extension  plans,  to  connect  with  the  Columbia  Railway  at 
Bennfng,  over  a  route  and  at  a  point  acceptabe  to  and 
approvfd  by  the  Commissioners  of  the  Districtof  Columbia. 
"^C  2   That  the  time  within  which  the  East  Washing- 
ton Heights  Traction  Railroad  Company  is  required  to 
TomS  and  put  in  operation  its  railway  be,  and  the  same 
is  hereby,  extended  for  the  terniof  two  years  from  the 
eighteenth  dav  of  June,  nineteen  hundred:  ^'"^'^f '^' T'?'^* 
if  Within  two  years  f'om  the  date  of  the  pa^^^^ 
Act  the  Washington  and  Marlboro  Railroad  Company  snau  ^^^  M„iboro 
buUd  its  Hues  into  and  within  the  District  of  Columbia,  Bauroad. 
then  said  company  shall  have  the  right  to  use  such  of  the 
routes  in  this  .A.ct  provided  for  as  may  coincide  with  the 
route  provided  for 'in  the  charter  of  the  said  Washington 
and  Marlboro  Railroad  Company.  „„„„j 

Sec.  3.  That  Congress  reserves  the  right  to  altei ,  amena, 
or  repeal  this  Act. 
Approved,  April  30,  190O. 


:( 


\t 


Great 
Old 
Railroad. 


254         LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES. 

AN  ACT  To  provide  for  laying  a  single  electric  street-railway  track 
across  the  Aqueduct  Bridge,  in  the  District  of  Columbia,  and  for 
other  purposes. 

£e  it  enacted  by  the  Seriate  and  House  of  Rej/t^esentatives 
of  the  United  States  of  Arnerica  in  Congrem  aA<8einhled^  That 
upon  deposit  of  the  amounts  hereinafter  stated  by  the  Great 
-at  Falls  and  Falls  and  Old  Dominion  Railroad  Compan} ,  a  corporation 
oad™^"^**"of  the  State  of  Virginia,  the  Commissioners  of  the  Dis- 
trict of  Columbia  are  hereby  authorized  and  directed  to 
change  or  rebuild,  according  to  such  plans  as  they  may 
g  A  a  u  e  d  u  c  t  approve,  the  superstructure  of  the  Aqueduct  Bridge  across 
the  Potomac  River  so  as  to  permit  the  placing  thereon  of 
a  single  electric  street-railway  track  for  tne  accommodation 
of  electric  street  cars  operating  and  to  operate  across  said 
bridge. 

Sec.  2.  That  within  thirty  days  after  the  approval  of 
this  Act  the  said  Great  Falls  and  Old  Dominion  Railroad 
Deposit.  Company  shall  deposit  with  the  collector  of  taxes  of  the 

District  of  Columbia  the  sum  of  one  thousand  dollars,  and 
the  said  company  shall,  j^ef ore  the  work  provided  for  in  the 
first  section  hereof  shall  be  begun,  deposit  with  said  col- 
lector the  additional  sum  of  twenty -four  thousand  dollars, 
the  aggregate  amount  of  said  sums  being  the  estimated 
cost  of  such  change  or  alteration  in  said  bridge  necessary 
for  the  purpose  of  accommodating  such  electric  street-rail- 
way traffic  across  same:  Provided^  That  if  the  sum  of 
twenty -five  thousand  dollars  shall  not  have  been  deposited 
by  said  railroad  company  within  three  months  after  the 
.^  passage  of  this  Act  the  said  company  shall  forfeit  to  the 

said  District  of  Columbia  the  said  sum  of  one  thousand 
dollars,  hereinbefore  required  to  be  deposited,  and  all 
rights  under  this  Act:  Provided  further.,  That  if  the  said 
Great  Falls  and  Old  Dominion  Railroad  Company  shall 
fail  to  make  said  deposit  of  one  thousand  dollars  within 
the  said  thirty  days  or  the  sum  of  twenty -five  thousand 
dollars  within  the  said  ninety  days,  then  that  all  rights  of 
the  Great  Falls  and  Old   Dominion  Railroad  Company 
under  this  Act  shall  be  forfeited.     In  which  event,  the 
Arto|ii°\*nd  Washington,  Arlington  and  Falls  Church  Railway  Com- 
Faiis  churchpany  may,  within  ten  days  from  the  default  made  b}-  the 
Railway  Co.       ^^^^^  ^^^^^  ^^^  qj^  Dominion  Railroad  Company,  make 

the  said  deposit  or  deposits,  and  have  and  enjoy  all  the 
rights,  privileges  and  franchises  granted  by  this  Act  to 
the  Great  Falls  and  Old  Dominion  Railroad  Company. 

Sec.  3.  That  within  sixty  days  after  the  sum  of  twenty- 
five  thousand  dollars  shall  have  been  deposited  by  said 
company,  as  hereinbefore  required,  the  Commissioners  of 
the  District  of  Columbia  shall,  as  promptly  as  possible,  pro- 
work  of  Chang- ^®®^  with  the  work  of  changing  or  rebuilding  the  super- 
ing  bridge.  structure  of  the  said  Aqueduct  Bridge,  charging  the  cost  of 
said  work  to  said  deposit,  and  shall  continue  same  until 
said  work  is  completed:  Prmnded.,  That  if  said  sum  is 
found  at  any  time  during  the  prosecution  of  said  work  to 
be  insufficient  to  complete  the  same,  in  the  opinion  of  said 


LAW8    RELATING    TO 


STREET-RAILWAY    FRANCHISES.         255 


Additional  de- 


Commissioners,  the  Great  Falls  and  Old  Dominion  ^\\-     ,^ 
road  Company  shall  deposit  with  the  collector  of  taxes  of 
said  District  such  additional-sum  or  sums,  "ot  to  exceed 
ten  thousand  dollars,  as  the  Commissioners  ot  the  District 
of  Columbia  may  deem  necessary.     .  . 

Sec.  4.  That  within  ninety  days  alter  the  completion  ot 
the  work  of  changing  or  rebuilding  said  bridge  or  during 
the  progress  of  said  work,  as  may  be  directed  by  the  said 
Commissioners,  the  Great  Falls  and  Old  Dominion  Rail- 
road Company  is  hereby  authorized  and  directed,  under 
such  regulations  and  upon  such  plans  as  may  be  approved 
by  saKmmissioners,  to  lay  upon  said  bridge  and  across  ^;^r^acu  aorc« 
M  street  and  in  Thirty-sixth  street  to  such  point  south  ot 
Prospect  street,  in  tlie  city  of  Washington,  as  may  he 
approved  by  said  Commissioners,  a  single  electric-railway 
track,  with  necessary  switches  .and  turn-outs;  that  the 
said  Great  Falls  and  Old  Dominion  Railroad  Company  is 
hereby  authorized  to  connect  its  tracks  to  be  constructed 
over  its  right  of  wav  in  Alexandria  County,  Virginia,  with 
the  track  hereby  authorized  to  be  constmcted  upon  the 
said  Aqueduct  Bridge  and  to  operate  its  «J}-s  thereon  ^^  ^^^^^ 

Sec  5    That  any  other  electric  street-railway  companj  eomjanies  to  u* 
desiring  to  use  said  track  for  the  purpose  of  crossing  said  .rack, 
bridge  and  securing  connection  into  the  city  ot  Wash 
ington  may  be  permM>d  to  do  so  by  the  Commissioners  ot 
the  District  of  Columbia  upon  satisfying  said  Commission- 
ers that  it  has  refunded  to  said  Great  ta  Is  and  Old 
Dominion  Railroad  Company  such  proportional  part  of  the 
sum  deposited  by  said  company,  as  herein  required,  as 
may  be  agreed  upon  between  said  companies  as  a  tair  and     , 
equitable  compensation  for  said  privilege,  and  in  the  event 
that  the  said  companies  shall  fail  to  agree  upon  the  amount 
to  be  so  refunded,  either  or  any  of  them  mav  apply  by 
petition  to  the  supreme  court  of  the  District  of  Columbia, 
which  shall  immediately  provide  for  proper  notice  to  and 
hearing  of  all  parties  interested,  and  shall  have  power  to 
determine  the  amount  to  be  so  refunded  tor  the  use  of  said 

track.  .       ^^'^^  ^'A  i-nxnXc     Maintenanceof 

Sec  6.  That  the  company  or  companies  using  saia  tracK^^j^^^ 
shall  at  all  times  keep  the  bridge  floor  and  the  pavement 
between  the  rails  of  said  track  and  tor  a  distance  of  two 
feet  outside  thereof  in  repair  to  the  satisfaction  ot  said 
Commissioners  of  the  District  of  Columbia,  and  in  the 
event  that  the  said  railway  company  or  companies  neglect 
or  refuse  to  keep  said  floor  and  pavement  in  repair  to  the 
satisfaction  of  said  Commissioners,  the  Commissionei-s  are 
hereby  authorized  to  make  such  repairs  and  collect  the 
cost  of  the  same  from  such  railroad  company  or  companies 
in  such  manner  as  is  now  provided  by  law  m  cases  where 
street  pavements  adjacent  to  street- railway  tracks  are 
repaired  by  said  District;  and  if  the  cost  of  said  repairs  is 
not  paid  by  said  railroad  company  or  companies  within 
ninety  davs  from  the  rendition  of  bills  tor  the  same  the 
said  Commissioners  are  hereby  authorized  to  prevent  the 


^■Aa 


256         LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES. 

Commissioners  operation  of  said  cars  by  the  exercise  of  their  police 
to  exercise  police  ^^^jj^  J,- ^.^  until  such  time  as  said  bills  are  paid. 

Sec.  7.  That  no  car  shall  be  operated  upon  said  bridge 
by  steam  power,  nor  shall  any  company  operating-  steam 

Cars.  cars  within  such  distance  from  the  south  end  of  the  said 

bridge  as  to  interfere  with  vehicle  traffic  thereon  be  per- 
mitted to  operate  electric  street  cars  upon  said  bridge. 

Sec.  8.  That  the  Commissioners  of  the  District  of 
Columbia  are  hereby  authorized  to  permit  the  cars  of  said 
railroad  company  or  companies  using  said  track  across 
said  bridge  and  in  M  and  Thirty-sixth  streets  to  be  oper- 

Power.  ated  by  the  underground  electric  system  or  by  overhead 

trolly,  as  they  may  deem  desirable;  and  in  case  the  over- 
head trolly  is  used  each  car  shall  be  equipped  with  a  double 
trolley,  and  a  return  wire  shall  be  provided  for  the  electric 
current  equal  in  capacity  to  the  feed  system  upon  this 
portion  of  the  line  and  similarly  situated,  and  no  pole  of 
any  dynamo  furnishing  power  for  the  operation  of  said 
cars  shall  be  in  any  manner  connected  with  the  earth. 

Commissioners  g^c.  9.  That  the  operation  of  the  cars  upon  the  track 
iuo'iS  cL^rs?Sc:  herein  authorized  shall  be  mider  the  direction  and  control 
of  the  Commissioners  of  the  District  of  Columbia,  who 
are  hereby  authorized  to  make  such  regulations  in  regard 
to  speed,  character,  and  weight  of  cars,  time  of  operation, 
and  fare  to  be  charged  as  they  may  deem  necessary  or 
desirable;  and  any  company  violating  any  regulations  of 
said  Commissioners  made  under  the  authority  of  this  sec- 

Penaity.  tion  shall  be  subject  to  a  fine  of  not  less  than  twenty -five 
dollars  for  each  and  every  offense,  to  be  recovered  in  any 
.  court  of  competent  jurisdiction  at  the  suit  of  said  Com- 
missioners, and  in  default  of  the  payment  of  such  tine  the 
Commissioners  are  hereby  authorized  to  exercise  their 
police  authority  to  prevent  the  operation  of  the  cars  of 
the  company  so  defaulting. 

Sec  10.  That  Congress  reserves  the  right  to  alter, 
amend,  or  repeal  this  Act. 
Approved,  January  29,  1903. 


STREET  RAILWAY  LAWS  OF  A  GENERAL  NATURE. 


Sundry  civil  act,  1873. 

♦  *  and  all  railroads  are  hereby  prohibited  on  the 
I  street  ajid  K  street  fronts  of  Farragut,  Scott  [changed  to 
McPherson  square  March  3,  1875.  See  U .  b.  btats.  18,  p. 
3911  and  Franklin  squares;  and  no  further  street  railroads 
shall  be  laid  down  in  the  city  of  Washington  without  the 
consent  of  Congress.  *  *  * 
Approved,  June  10,  1872. 


June  10. 1872. 
Stats.  17,  p.  360. 

Railroads  pro- 
hibited on  I  and 
K  street  fronts 
of  Farragut, 
McPherson,  and 
Franklin  squares 

No  further 
roads  shall  be 
laid  without  the 
consent  of  Con- 
gress. 


Extra^te  from  an  act  providing  a  permanent  form  of  government  for ,  "J"^"'^^   ■ 

the  District  of  Columbia.  stats.  20,  p.  106 

«  «  ♦  *  * 

The  cost  of  laying  down  said  pavements,  sewers,  and  uJ^^J^^s  c''hj;S^ 
other  works  or  of  repairing  the  same  shall  be  paid  for  m  jbie to stjee t  «^^ 
the  following  proportions  and  manner,  to  wit:  When  any 
street  or  avenue  through  which  a  street  railway  runs  shall 
be  paved,  such  railway  company  shall  bear  all  of  the  expense 
for  that  portion  of  the  work  lying  between  the  exterior  rails 
of  the  tracks  of  such  roads,  and  for  a  distance  of  two  feet 
from  and  exterior  to  such  track  or  tracks  on  each  side 
thereof ,  and  of  keeping  the  same  in  repair.  how  tracks 

But  the  said  railway  companies  having  conformed  to  the  ghSS^e  paved, 
grades  established  bv  the  Commissioners  may  use  such 
cobblestone  or  Belgian  blocks  for  paving  their  tracks  or 
the  space  between  their  tracks  as  the  Commissioners  may 

The  United  States  shall  pay  one-half  of  the  cost  of  all  pay^'hlff  ?rSi 
work  done  under  the  provisions  of  this  section,  except  that  costs^under  .ec^ 
done  by  the  railway  companies,  which  payment  shall  be  done  by^uroad 
credited  as  part  of  the  fifty  per  centum  which  the  United --i-°- 
States  contributes  toward  the  expenses  of  the  District  ot 

Columbia  for  that  year.  ,    ,     xi     o        ..  ^  4-u^    Paid  on  war- 

And  all  payments  shall  be  made  by  the  Secretary  ot  the  ^^^^^  ^f  commis 
Treasury  on  the  warrant  or  order  of  the  Commissioners  of  s«>ners  b>^^ 
the  District  of  Columbia,  or  a  majority  thereof,  in  such 
amounts  and  at  such  times  as  they  may  deem  safe  and 
proper  in  view  of  the  progress  of  the  work.  Districtopave 

That  if  any  street  railway  company  shall  neglect  or  re-^^^^.^^  ^^  street 
fuse  to  perform  the  work  required  by  this  act,  said  pave-  -^^^JJ^^^^^^^p*" 
ment  shall  be  laid  between  the  tracks  and  extenor  thereto 
.  of  such  railway  by  the  District  of  Columbia, 


16400-05 17 


257 


258        LAWS   RELATING   TO   8TEEET-EAILWAY   FRANCHISES. 


Commissioners 
may  issue  certifi- 
cates of  indebt- 
edness against 
their  property, 
etc. 


Certificates  not 
paid  property 
sold. 


Duties  of  rail- 
road companies 
where  tracks  in- 
tersect. 


And  if  such  company  shall  fail  or  refuse  to  pay  the  sum 
due  from  them  in  respect  of  the  work  done  by  or  under  the 
orders  of  the  proper  officials  of  said  District,  in  such  case 
of  the  neglect  or  refusal  of  such  railway  company  to  per- 
form the  work  required  as  aforesaid  the  Commissioners  of 
the  District  of  Columbia  shall  issue  certificates  of  indebt- 
edness against  the  property,  real  or  personal,  of  such  rail- 
way company,  which  certificates  shall  bear  interest  at  the 
rate  of  ten  per  centum  per  annum  until  paid,  and  which, 
until  they  are  paid,  shall  remain  and  be  a  lien  upon  the 
property  on  or  against  which  they  are  issued,  together 
with  the  franchise  of  said  company. 

And  if  the  said  certificates  are  not  paid  within  one  year 
the  said  Commissioners  of  the  District  of  Columbia  may 
proceed  to  sell  the  property  against  which  they  are  issued 
or  so  much  thereof  as  may  be  necessary  to  pay  the  amount 
due,  such  sale  to  be  first  duly  advertised  daily  for  one  week 
in  some  newspaper  published  in  the  city  of  Washington, 
and  to  be  at  public  auction  to  the  highest  bidder. 

When  street  railways  cross  any  street  or  avenue  the 
pavement  between  the  tracks  of  such  railway  shall  con- 
form to  the  pavement  used  upon  such  street  or  avenue, 
and  the  companies  owning  these  intersecting  railroads 
shall  pay  for  such  pavements  in  the  same  manner  and 
roportion  as  required  of  other  railway  companies  under 
the  provisions  of  this  section. 

•  *  ♦  *  * 

« 

Approved,  June  11,  1878. 


March  2, 1889.  District  of  Columbia  appropriation  act,  1890. 

stats.  25,  p.  797.  *  *  *  *  * 

Street carsmay  That  any  company  authorized  by  law  to  run  cars  pro- 
triciTor^cabiS'pelled  by  horses  in  the  District  of  Columbia  is  hereby  au- 
thorized to  substitute  for  horses  electric  power  by  storage 
or  independent  electrical  batteries  or  underground  wire,  or 
underground  cables  moved  by  steam  power,  on  the  whole 
or  any  portion  of  its  roadway,  with  authority  to  purchase 
and  use  any  terminal  grounds  and  facilities  necessary  for 
the  purpose;  and  any  such  street  railway  electing  to  sub 
stitute  such  power  on  any  part  of  its  tracks  or  road-beds 
on  the  streets  of  the  District  of  Columbia  shall,  before 
doing  so,  cause  such  part  of  its  road-beds  to  be  laid  with  a 

Grooved  rails,  flat  grooved  rail,  and  made  level  with  the  service  of  the 
streets  upon  each  side  of  said  tracks  or  road-beds,  so  that 
no  obstruction  shall  be  presented  to  vehicles  passing  over 

provison.  said  tracks:  Provided^  That  in  the  event  said  companies 
or  either  of  them  shall  fail  for  the  period  of  two  years 
from  the  passage  of  this  act  to  exercise  the  powers  and 
privileges  hereinbefore  given,  such  companies  are  hereby 
required  to  cause  said  rails  and  road-beds  to  be  relaid 

Groovedraiisto  with  the  flat  groovcd  rail  hereinbefore  mentioned,  so  as 
t^o  ?'ea«.'^"^''' to  be  level  with  the  surface  of  the  streets  upon  each 


LAWS   RELATING   TO   STEEET-KAILWAY   FRANCHISES.         259 

side  of  said  tracks  or  road-beds  and  the  cost  of  making 
the  changes  hereinbefore  required  shall  be  paid  by  the 
corporations  or  persons  owning  or  operating  said  street 
railroads,  and  if,  after  being  notified  by  the  Commissioners 
of  the  District  of  Columbia  in  writing  to  comply  with  the 
terms  of  this  act,  the  said  corporations  or  either  of  them 
shall  not  within  ninety  days  thereafter  begin  the  work 
required  and  complete  the  same  within  a  reasonable  time, 
not  more  than  twelve  months  from  the  expiration  of  said 
period  of  ninety  days  it  shall  be  the  duty  of  the  Commis- ^^om mi  s^o^n 
sioners  to  cause  the  necessary  changes  in  said  rails  and  road-  the  change  on 
beds  to  be  made  as  soon  as  practicable;  and  shall  issue  ^1^^^^^^^  ^^  ^°°'' 
certificates  of  indebtedness  against  the  property,  real  or 
personal,  of  such  railway  company,  which  certificates  shall  ^^irtificatj  ^of 
bear  interest  at  the  rate  of  ten  per  centum  per  annum  until  cost. 
paid,  and  which,  until  they  are  paid,  shall  remain  and  be  a 
lien  upon  the  property  on  or  against  which  they  are  issued, 
together  with  the  franchise  of  said  company;  and  if  the 
certificates  are  not  paid  within  one  year  the  said  Commis- 
sioners of  this  District  of  Columbia  may  proceed  to  sell  ^^saie  of  prop- 
the  property  against  which  they  were  issued,  or  so  much 
thereof  as  may  be  necessary  to  pay  the  amount  due,  such 
sale  to  be  first  duly  advertised  daily  for  one  week  in  some 
newspaper  published  in  the  city  of  Washington,  and  to  be 
sold  at  public  auction  to  the  highest  bidder:  Pi^ovided 
further^  That  after  the  passage  of  this  act  no  other  rail 
than  that  herein  mentioned  shall  be  laid  by  any  street  rail-  ^^^  S^fhSJl 
way  company  in  the  streets  of  Washington  and  George-  after. 
town,  and  all  companies  granted  franchises  or  extensions 
by  the  Fiftieth  Congress  shall  have  extension  of  one  year's 
time  within  which  to  lay  their  tracks.     So  much  of  the 
charters  of  the  street  railway  companies  of  the  District  of 
Columbia  as  is  inconsistent  with  this   section  is  hereby 
repealed.     Provided  further.  That  the  foregoing  require- 
ments as  to  motive  power,  rails  and  road-beds  shall  not 
apply  to  street  railroads  outside  the  city  of  Georgetown    ^^^  ^    ^.^^^^ 
and  the  Boundary  limits  of  the  city  of  Washington:  «?«<^outswl^t?t>^im^- 
Provided,  That  the  authority  hereinbefore  granted  in  each  its. 
and  every  particular  shall  be  exercised  onl}^  with  the  ap-    Approval  of 
proval  of  the  Commissioners  of  said  District  of  Columbia,  <^«°^^^°^"'^- 
expressed  by  resolution  of  said  board. 


* 


Approved,  March  2,  1889. 


District  of  Columbia  appropriation  act,  1891. 
♦  *  *  *  ♦ 


August  6, 1890. 
Stats.  26,  p.  310. 
street  railroad 


Sec.  3.  That  any  street  railroad  company  in  the  District  companies 
of  Columbia  authorized  to  run  cars  drawn  by  horses,  which  changing  motive 
has  changed  or  may  change  its  motive  power  on  any  of  its  ^^^'^' 
lines  now  constructed,  to  cable  or  electricity,  or  change  its 
rails  in  accordance  with  the  provisions  of  law,  shall  ^^ve  ^^ m  a  y^ i  ss u^e 
the  right  to  issue  and  sell,  at  the  market  price  thereof,  stock  cost. 


260        LAWS   RELATING    TO   STREET-RAILWAY   FRANCHISES. 

Sales  at  market  Qf  gai(j  company  to  an  amount  necessary  to  cover  the  cost 
^"^^'  of  making  said  changes,  the  cost  of  said  changes  and  the 

amount  of  said  stock  sold,  together  with  the  price  per  share, 
mfm  to  be  fifed  ^^  ^®  ^^^^y  ^^^  forth,  Under  the  oath  of  the  President  of  said 
Company,  and  tiled  with  the  Commissioners  of  the  District. 
Companies  ac-  And  any  Company  availing  itself  of  the  privileges  herein 
mS^st^  dYspenS  granted  shall  within  two  years,  wholly  dispense  with  horses 
tw?  ea?s^^^  ^°  ^^  motive  power  on  all  portions  of  its  line  and  substitute 
Power  to  be  therefor  the  power  provided  for  in  the  act  making  appro- 
substituted,       priations  for  the  expenses  of  the  government  of  the  District 
of  Columbia,  approved  March  second,  eighteen  hundred 
and  eighty-nine,  or  pneumatic  or  other  modern  motive 
Approval  of  power  which  shall  be  approved  by  the  Commissioners  of 
?e*'q'SSS.'''''"'  the  District  of  Columbia,  but  nothing  in  this  act  contained 
^es  ^^^'^^^^^  shall  in  any  wise  authorize  the  use  of  overhead  appliances: 
Proviso.  Provided^  That  if  ajiy  such  company  operating  a  line  or 

lines  of  street  railroad  from  Georgetown  or  West  Wash- 
Forfeiture    of  ington  to  and  beyond  the  Capitol  grounds  shall  fail  to  sub- 
ure°to  compiy^*^'  stitutc  f or  horsc  power  the  power  herein  provided  for  on 
.    all  its  lines  within  two  years  from  the  date  of  this  act, 
such  company  shall  forfeit  its  corporate  franchises. 

Approved,  August  6,  1890. 


LAWS   RELATING    TO   STREET-RAILWAY   FRANCHISES. 


261 


July  22. 1892.     JOINT  RESOLUTION  Extending  the  time  in  which  certain  street  rail- 
Stats.  27,  p.  399.      roads  compelled  by  act  of  Congress,  approved  August  sixth  eighteen 

hundred  and  ninety,  to  change  their  motive  power  from  horse  power 

to  mechanical  power,  for  one  year. 

Resolved  hy  the  Senate  and  House  of  Representatives  of 
in''^whfc!f  Metrl?  ^^^^  United  States  of  America  in  Congress  assembled^  That 
poiitan  Railroad  the  time  within  which  the  street  railroad  companies  avail- 
modve^weV^^  iug  themsclvcs  of  the  privileges  granted  by  the  act  making 
appropriations  to  provide  for  the  government  of  the  Dis- 
trict of  Columbia,  and  approved  August  sixth,  eighteen 
hundred  and  ninety,  so  far  as  it  extends  to  the  Metropoli- 
tan Railroad,  is  hereby  extended  for  one  year  from  the  date 
of  the  passage  of  this  act:  Provided^  That  so  fast  as  the 
•      cars  now  building  are  equipped  with  storage  batteries  they 
nSin^cSnV^^^^^  be  placed  ou  the  road:  And  provided  further^  That 
pen  ingc    °^^- pg^^jjjjg  ^j^g  change  the  present  equipment  of   the  road 
shall  be  put,  kept  and  maintained  in  good  condition;  and 
any  failure  to  comply  with  any  of  the  foregoing  require- 
ments as  to  equipment  shall  render  the  said  Metropolitan 
Penalty.         Railway  Company  liable  to  a  fine  of  not  exceeding  twenty- 
five  dollars  for  each  day  so  in  default,  to  be  recovered  by 
the  Commissioners  of  the  District  of  Columbia,  as  other 
fines  are  recovered  in  the  District  of  Columbia. 
Amendment.       "  gec.  2.  Congrcss  rescrvcs  the  right  to  alter,  amend  or 
repeal  this  act." 
Approved,  July  22,  1892. 


AN  ACT  To  prohibit  the  use  of  "  one  horse  "  cars  within  the  limits  of    July  29. 1892. 
the  city  of  Washington   after  the  first  day  of  January,  eighteen    stats.27,p.334. 
hundred  and  ninety-three,  and  for  other  purposes. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assemUed^  Thatp^Jf^-^^  *^*" 
after  the  first  da}^  of  January,  eighteed  hundred  and  ninety- 
three,  it  shall  be  unlawful  for  any  street  railway  company 
owning  or  operating  any  line  of  street  railway  within  the  ' 
limits  of  the  city  of  Washington,  or  the  greater  part  of 
which  lines  lies  within  said  city  limits,  to  use  upon  such  road 
any ' '  one  horse  "  cars.     After  said  date,  all  cars  used  within 
the  said  limits  shall,  if  drawn  by  horse  power,  be  of  the 
size  and  style  known  as  ''two  horse  cars,"  and  each  car 
shaJl  be  in  the  charge  of  a  conductor,  and  such  conductor 
shall  not  act  as  a  driver:  Provided  this  act  shall  not  apply  x^f^^^x^'^t 
to  any  companj^  operating  street  railways  outside  the  limits  tied  sections. 
of  the  city  of  Washington  or  through  unimproved  and 
sparsely  settled  sections  of  the  same,  until  such  time  as 
the  Commissioners  of  the  District  of  Columbia  shall  deem 
necessary  for  the  public  needs.     Any  railroad  company    penalty, 
violating  the  provisions  of  this  act  shall  be  subject  to  a 
fine  of  twenty -five  dollars  per  day  for  each  car,  and  for 
every  day  it  may  be  so  operated,  to  be  recoverable  by  action 
instituted  in  the  name  of  the  Commissioners  of  the  District 
of  Columbia  in  any  court  of  competent  jurisdiction  within 
the  district,  and  all  fines  collected  on  such  account  shall, 
when  collected,  be  paid  into  the  Treasury  for  the  use  of  the 
District  of  Columbia,     It  is  hereby  made  the  duty  of  the    Enforcement. 
Commissioners  of  said   District  to  see  that  this  act  is 
strictly  enforced. 

Approved,  July  29,  1892.  ^ 


III 


AN  ACT  to  provide  for  the  sale  of  new  tickets  by  the  street  railway    May  25, 1894. 
companies  of  the  District  of  Columbia.  stats.  28  p  78. 

Be  it  enacted  hy  the  Senate  and  House  of  Rejyresentatives 
of  the  United  States  of  Atnerica  in  Congress  assemUed^Thsit  ^^^^^^^^^^'^ 
after  thirty  days  from  the  passage  of  this  Act,  each  street  panies  shaii  use 
railway  and  street  herdic  transportation  company  in  the  ^^^^^^  ^"'  **^*^^- 
District  of  Columbia  shall  issue  its  own  tickets,  and  sell  no 
tickets  issued  by  any  other  company.     Such  tickets  shall 
be  printed  and  sold  in  sheets  of  six  tickets  each,  and  after 
having  been  once  used  shall  be  canceled  by  the  company 
which  issued  the  same:  Provided^  That  all  street-railway  jj^^™P^^J!^^^f^} 
companies  and  herdic  transportation  companies  doing  busi-  era  tickets, 
ness  in  the  District  of  Columbia,  shall  receive  and  exchange 
tickets  with  each  other,  and  said  companies  shall  make 
monthly  settlements  with  each  other,  and  shall  redeem  in 
money  any  tickets  in  excess  of  the  number  of  tickets 
exchanged. 

Sec.  2.  That  any  street  railway  or  street  herdic  trans-    Pe^»i*y- 

f)ortation  company  doing  business  in  the  District  of  Co- 
umbia  which  shall  violate  the  provisions  of  this  act  shall 


4 


262        LAWS  RELATING   TO   STREET-RAILWAY  FRANCHISES. 

be  liable  to  a  fine  of  not  to  exceed  ten  dollars  for  each 
offense,  to  be  recovered  in  any  court  of  competent  juris- 
diction. 

Approved,  May  25,  1894. 


Metropolitan 
Railroad  re- 
quired to  enter 
into  reciprocal 
transfer  and 
trackage  ar- 
rangements with 
other  roads. 


August  2, 1894.  AN  ACT  To  authorize  the  Metropolitan  Railroad  Company  to  change 
Stats.  28,  p-  217      its  motive  power  for  the  propulsion  of  the  cars  of  said  company, 
(amended).  *.  »  ♦ 

Sec.  5.  That  the  Metropolitan  Railroad  Company  is 
hereby  authorized  and  required  immediately  to  make  recip- 
rocal transfer  arrangements  with  street  railroad  companies 
whose  lines  now  connect  with  its  lines,  and  to  furnish 
such  facilities  therefor  as  the  public  convenience  may 
require.  Upon  the  completion  of  the  underground  elec- 
tric system  provided  for  in  this  Act  the  said  Metropolitan 
Railroad  Company  is  hereby  further  authorized  and  re- 
quired to  enter  into  reciprocal  trackage  arrangements  with 
connecting  roads.  The  schedules  and  compensation  shall 
be  mutually  agreed  upon  between  the  said  Metropolitan 
Railroad  Company  and  the  companies  with  whose  lines  its 
lines  connect;  and  in  any  case  of  failure  to  reach  such 
Tiutual  agreement,  the  matters  in  dispute  shall  be  deter- 
mined by  the  supreme  court  of  the  District  of  Columbia, 
upon  petition  filed  by  either  party:  Provided,  That  every 
street  railway  company  in  the  District  of  Columbia  whose 
lines  connect,  or  whose  lines  may  hereafter  connect,  with 
the  lines  of  any  other  street  railway  company,  is  hereby 
subjected  to  the  same  requirements  as  to  transfers  and 
trackage  arrangements,  and  upon  similar  conditions,  as  in 
this  section  provided  in  the  case  of  the  Metropolitan  Rail- 
road Company  and  the  lines  connecting  therewith. 
*  *  *  *  .        * 

Approved,  August  2,  1894. 


Connecting 
street  railways  in 
D.  C.  subjected 
to  same  require- 
ments. 


June  11, 1896.         District  of  Columbia  appropriation  act,  approved  June  11,  1896. 


Repairs  Streets,  Avenues,  and  Alleys:  For  cur- 
rent work  of  repairs  of  streets,  avenues,  and  alleys,  thirtv 
thousand  dollars.  And  this  appropriation  shall  be  avail- 
able for  repairing  the  pavements  of  street  railways  when 
necessary;  the  amounts  thus  expended  shall  be  collected 
from  such  railroad  company  as  provided  by  section  live  of 
"An  Act  providing  a  permanent  form  of  government  for  the 
District  of  Columbia,"  approved  June  eleventh,  eighteen 
hundred  and  seventy -eight,  and  shall  be  deposited  to  the 
credit  of  the  appropriation  for  the  fiscal  year  m  which 
they  are  collected:  Provided,  That  the  fifth  section  of  the 
Reciprocal  ^^.|.  ^^  Congress  approved  August  second,  eighteen  hundred 
mngemente.  ^"and  nincty-four,  relating  to  reciprocal  trackage  arrange- 
ments by  the  Metropolitan  and  other  railroad  companies. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.        263 

be,  and  the  same  is  hereby  amended  by  adding  the  follow-       ,    .     ,   ., 
ing  thereto:  Provided,  That  any  suburban  street  railroad  ^/^^J\,*f3^^S 
company  in  the  District  of  Colmnbia  intersecting  or  con-overurbanroe^-. 
necting  with  any  urban  street  railroad  may  have  such 
reasonable  number  of  its  trail  cars  drawn  by  such  urban 
railroad  company,  over  the  route  of  such  urban  railroad  for 
the  transportation  of  through  passengers,  as  shall  not,  in  the 
judgment  of  the  supreme  court  of  the  District  of  Columbia, 
be  to  the  undue  detriment  of  such  urban  railroad  company. 
The  schedule,  kind,  and  number  of  cars  to  be  drawn,  com- 
pensation therefor,  and  all  other  matters  relating  thereto 
in  the  event  of  said  railroad  companies  being  unable  to 
agree  between  themselves  shall,  from  time  to  time,  on  peti- 
tion of  either  railroad  company,  be*  decided  by  said  supreme 

court:  Provided  furthe)\  That  in  no  event  shall  any  rail-  faS: 
road  company  be  entitled  under  said  law  providing  for 
trackage  arrangements  or  under  the  provisions  of  this  Act 
to  collect  fares  except  from  such  passengers  as  board  the 
cars  upon  their  own  line:  Provided  further.  That  this  pro- ^^^^^^^^  ^^ 
vision  shall  not  be  construed  to  aifect  rights  heretofore  or  contracts, 
acquired  either  by  contract  or  under  any  order  of  court 
made  under  authority  of  law. 


AN  ACT  To  amend  an  act  entitled  "An  act  to  incorporate  the  Capital    May  28. 1896. 
Railway  Company,"  approved  March  second,  eighteen  hundred  and 
ninety-five. 

***** 

Sec.  3.  That  the  Capital  Railway  Company,  the  Metro-  Free  traMfera 
politan  Railroad  Companv,  and  the  Capital  traction  Com- J^JfnTe  ca^- 
pany  are  hereby  required  to  issue  free  transfers  at  the  point  tai^R^iiw^a>;^d 
of  intersection  of  their  respective  lines,  so  that  for  the  pay-  tion  and  Metro- 
ment  of  one  fare  a  passenger  on  either  road  shall  have  theg?^^''  ^^''"^p.*' 
privilege  of  riding  over  the  lines  of  both. 


AN  ACT  To  amend  the  charter  of  the  Metropolitan  Railroad  Company 

of  the  District  of  Columbia. 


* 


* 


February  26, 
1895. 

Stats.  28,  p.  682. 


Sec.  6.  That  the  Brightwood  Railway  Company,  the  ^{i«^^i;ji\°^^ 
Rock  Creek  Railway  Company,  and  the  Georgetown  and  fer  tickets 
Tennallytown  Railroad  Company  be,  and  they  are  hereby, 
respectively,  authorized  and  required  to  sell  four  couj)on 
tickets  for  twenty -five  cents,  good  for  one  continuous  ride 
in  the  District  of  Columbia  over  the  lines  of  said  compa- 
nies, respectively,  and  the  lines  of  the  Metropolitan  Railroad 
Company,  and  the  said  suburban  roads  shall  redeem  the 
tickets  collected  by  the  Metropolitan  Railroad  Company, 
at  the  rate  of  two  and  one-half  cents  for  each  coupon 
ticket  presented  by  the  said  Metropolitan  Railroad  Com- 
pany. Any  of  the  aforesaid  railroad  companies  which 
shall  refuse  to  make  sale  of  tickets  or  to  accept  tickets  so 
sold  as  herein  provided  for,  shall  be  liable  to  a  fine  of  fifty 


264        LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 

Penalty:  dollai's  f  OP  each  such  violation,  to  be  recovered  in  the  police 
court  of  the  District  of  Columbia  as  other  fines  are  recov- 
ered: Provided,  That  the  proceeding  for  the  collection  of 
such  penalty  shall  be  commenced  within  thirty  days  from 
the  date  of  the  alleged  refusal.  The  supreme  court  of  the 
District  of  Columbia  shall  have,  and  it  is  hereby  given, 
authority  and  jurisdiction  to  enforce  the  requirements  and 
provisions  of  this  section  in  respect  of  the  sale  of  tickets 
on  the  petition  of  either  of  the  aforesaid  railroad  compa- 
nies or  any  citizen  of  the  District  of  Columbia.     And  power 

Power  of  lease  is  hereby  given  to  the  Metropolitan  Railroad  Company  and 

or  sale,  etc.        ^^^  Ro(k  Creek  Railway  Company  to  contract  with  each 

other  for  the  purchase,,  sale,  lease,  or  joint  operation  of 

the  line  of  said  Rock  Creek  Railway  Company  on  Florida 

avenue  and  U  street,  or  any  part  thereof. 

Act  to  take     Sec.  6.  That  this  Act  shall  take  effect  in  thirty  days 

eflfect  March  ^8,    j«i        •- 

1895.  after  its  passage. 

Approved,  February  26,  1895. 


Augnst  7, 1894. 
Stats.  28,  p.  250. 


Street  railways 
shall  equip  cars 
with  fenders. 


Commissioners 
shall  decide  on 
design  of  fender. 


Companies  not 
relieved  from 
liability. 


District  of  Columbia  appropriation  act,  1895. 
♦  *  *  ♦  * 

That  the  Commissioners  of  the  District  of  Columbia  be, 
and  they  are  hereby,  authorized  and  empowered  to  make 
and  to  enforce  all  reasonable  regulations  in  respect  to  re- 
quiring street  cars  operated  by  other  means  than  horse 
power  in  the  District  of  Columbia  to  be  provided  with 
proper  fenders  for  the  protection  of  the  lives  and  Umbs  of 
all  persons  within  the  District  of  Columbia.  Such  power 
and  authority  shall  extend  to  the  adoption  by  the  said 
Commissioners  of  any  fender  or  fenders  deemed  by  them 
to  be  superior  to  the  fenders  now  in  use  as  the  fender  or 
fenders  which  shall  be  used  on  cars  operated  within  the 
said  District:  Provided,  That  nothing  contained  in  this  Act 
shall  operate  to  relieve  any  street  railway  company  from 

liability  for  accidents  on  its  lines. 

***** 

Approved,  August  T,  1894. 


August  23, 1894. 
I        Stats.  28,  p.  492. 

Street  railway 
passengerstation 
authorized  near 
AqueductBridge 


Plans  to  be  ap- 
proved by  Com- 
missioners Dis- 
trict of  Columbia. 


AN  ACT  To  amend  an  act  entitled  "An  act  to  incorporate  the  Wash- 
ington and  Great  Falls  Electric  Railway." 
***** 
Sec.  3.  That  in  order  to  accommodate  the  street  railway 
traflac  that  may  converge  at  or  near  the  Aqueduct  bridge, 
under  authority  granted  or  to  be  granted  by  Congress,  a 
passenger  station  is  hereby  authorized.     Such  station  shall 
have  ample  provision  for  the  safe,  convenient,  and  com- 
fortable transfer  of  passengers  to  and  from  the  cars  of  the 
street  railways  using  the  same.     All  plans  for  such  station 
and  its  necessary  approaches  shall  be  subject  to  the  writ- 
ten approval  of  the  Commissioners  of  the  District  of  Co- 
lumbia.    The  said  Commissioners  shall  have  the  power  to 


Washington 
and  Georgetown 
Railroad  shall 
construct  and 
maintainstation. 

Location  of  sta- 
tion. 


LAW8   RELATING   TO   STREET-RAILWAY   FRANCHISES.         265 

settle  any  differences  which  may  arise  between  the  coin- 
panies  using  the  said  station  as  to  compensation  or  rentals 
or  as  to  the  necessary  regulations  for  the  control  of  said 
station.    The  said  passenger  station  shall  be  constructed 
and  maintained  as  a  union  passenger  station,  for  the  use  of 
street  railways  only,  by  the  Washington  and  Georgetown 
Railway  Company.     Said  station  shall  be  located  on  land 
already  owned  or  hereafter  to  be  acquired  by  the  afore- 
said company,  which  land  shall  be  bounded  on  the  north 
by  Prospect  street,  on  the  east  by  a  line  drawn  not  less 
than  one  hundred  and  twenty  feet  west  of  the  west  line  of 
Thirty -fifth  street,  on  the  south  by  M  street,  and  on  the 
west  by  Thirty-sixth  street  northwest.     Within  one  year 
from  the  approval  of  this  Act  the  said  Washington  and 
Georgetown  Railway  Company  shall  complete  the  said 
station  and  shall  extend  its  tracks  on  M  street  northwest 
to  a  point  not  less  than  one  hundred  and  twenty  feet  west 
of  Thirty-fifth  street,  and  thence  into  said  station;  and 
thereafter  the  said  company  shall  cease  entirely  to  switch 
cars  on  M  street  northwest. 

Sec.  4.  That  the  street  railway  companies  mentioned  in 
this  Act,  and  hereafter  all  street  raflway  companies  in 
the  District  of  Columbia,  respectivelv,  shall  bear  all  the 
expenses  that  may  be  incurred  by  the  United  States  in 
making  and  inspecting  such  changes  to  the  water  mains, 
fixtures,  or  apparatus  of  the  Washington  Aqueduct  as  may 
be  rendered  necessary  by  the  consj;ruction  or  extension  of 
such  several  roads;  and  the  Secretary  of  War  is  hereby 
authorized  and  directed  to  make  all  regulations  to  carry 
into  effect  the  provisions  of  this  section. 

♦  ♦  *  *  * 

Approved,  August  23,  1894. 


Washington 
and  (Georgetown 
Railroad  shall 
extend  its  tracks 
on  M  street. 


Shall  notswitch 
cars  in  M  street. 


Expense  of 
moving  water 
mains,  etc.,  shall 
be  borne  by  street 
railways. 


POLICE  REGTTLATIONS. 

EXTRACT  from  Police  Regulations  of  the  District  of  Columbia, 

ARTICLE  X. 

»  ♦  ♦  ♦  * 

Sec.  15.  Street  cars  within  the  District  of  Columbia  ^^st^re^c^t^^cars 
shall  have  the  right  of  way  upon  their  respective  tracks,  ng^hto^fwa^an^ 
except  to  Vehicles  of  the  Fire,  Police,  Water  and  Health  j^ved  except  by 
Departments,  and  hospital  ambulances,    and    as    other- ^r^«^-mCom- 
wise  provided;  and  no  person  shall  obstruct  or  delay 
the  movement  thereof,  at  the  lawful  rate  of  speed  herein- 
after designated:  Provided,  hmvever,  that  in  cases  of  emer 
gency,  and  whenever  the  public  interest  or  the  public 
safety  requires,  the  Commissioners  may  order  a  cessation 
of  the  movement  of  streetcarsor  other  public  vehicles,  fora 
reasonable  period  of  time,  upon  any  street  or  avenue  in  said 
District:  Provided,  furthet\  that  the  order  for  such  cessa- 
tion of  street  car  travel  shall  be  given  to  the  officers  of  any 
company  operating  cars  upon  such  street  or  avenue;  and 
it  shall  be  unlawful  for  such  street  cars  to  resume  movement 


kr 


p 


Penalty. 


Minors  not  al- 
lowed on  plat- 
forms of  certain 
vehicles. 


Motor  cars  to 
have  fenders. 


Penalty. 


266        LAWS  RELATING   TO  STREET-RAILWAY   FRANCHISES. 

until  the  expiration  of  the  time  limited  in  such  notice;  and 
the  Major  and  Superintendent  of  Police  shall  clear  such 
streets  and  avenues  of  all  other  vehicles  for  the  time  des- 
ignated in  said  order.  Any  violation  of  the  provisions  of 
this  section  shall  be  punished,  on  conviction,  by  a  fine  of 
not  less  than  five  nor  more  than  forty  dollars  for  each 
offense. 

Sec.  16.  -No  minor  not  being  a  passenger  shall  be  upon 
the  platform  or  steps  of  any  railroad  car  drawn  by  steam, 
or  of  anv  omnibus,  street  car  or  other  vehicle  drawn  by 
horse,  cable  or  electric  power. 

Sec.  17.  Every  motor  car  operated  in  the  District  of 
Columbia  shall  be  fully  equipped  with  front  pick-up  fend- 
ers of  the  Blackistone,  Claude,  Tobe,  or  Parmenter  pat- 
tern, and  with  wheel-guard  fenders  of  the  Brightwood 
automatic,  the  Blackistone,  the  Eldridge  Snaith,  the  Tobe, 
or  the  Parmenter  Improved  pattern:  Provided,  That  a,ny 
street  railway  company  may  substitute  for  the  above  any 
other  fender  or  wheel-guard  which  may  hereafter  be  ap- 
proved by  the  Commissioners  of  the  District  of  Columbia: 
Provided,  further^  That  the  details  of  construction  of  such 
fenders  and  wheel-guirds  be  approved  by  the  Engineer 
Commissioner  of  the  District  of  Columbia. 

Sec.  18.  Any  railw  ay  in  the  District  of  Columbia  which 
shall  operate  any  motor  car  in  the  District  of  Columbia 
not  fully  equipped  with  fenders  herein  adopted  or  author- 
ized shall  be  subject  to  a  fine  of  twenty -five  dollars  a  day 
for  each  and  every  car  not  so  equipped,  and  operated  by 
said  company. 

Sec.  19.  No  motorman  or  conductor  shall  operate  or 
have  in  charge  any  motor  car  in  the  District  of  Columbia 
that  is  not  fully  equipped  with  fenders  of  the  kind  herein 
adopted  or  authorized,  and  any  motorman  or  conductor 
operating  or  being  in  charge  of  any  such  car  not  so 
equipped  shall,  on  conviction  thereof,  be  punished  by  a 
fine  not  to  exceed  ten  dollars. 

Sec.  20.  Every  motor  car  operated  in  the  District  of 
Columbia  must  be  so  constructed  or  altered  that  a  clear 
space  of  fifteen  inches  in  height  above  the  rails  is  provided 
between  the  wheel-guard  and  the  adjacent  end  of  the  car, 
in  order  to  allow  the  effective  action  of  the  wheel-guard. 

Sec.  21.  Any  railway  company  failing  to  comply  with 
the  requiremenst  of  section  20  of  this  article  shall  be  sub- 
ject to  a  fine  of  five  dollars  a  day  for  each  car  not  so  con- 
structed or  altered,  and  operated  by  it. 

Sec.  22.  Platforms  of  street  cars  shall  be  guarded  by 
gates  of  a  construction  and  operation  approved  by  the 
Commissioners  of  the  District  of  Columbia,  and  any  com- 
pan}-  failing  to  comply  with  the  provisions  of  this  section 
shall  be  fined  not  more  than  forty  dollars. 

Sec.  23.  The  fenders  must  be  kept  in  thorough  working 
order  and  in  good  repair  when  in  use.  Any  railway  com- 
pany failing  to  comply  with  this  provision  shall  be  subject 
to  a  fine  of  twenty  (follars  a  day  for  each  and  every  offense. 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES.        267 


street 


Motor  cars  to 
be  constructed  so 
as  to  allow  the 
effective  action 
of  wheel  guard. 


Penalty. 


Platform^  and 
cars  in  trains 
shall  be  guarded 
by  gates. 

Penalty. 


Fenders  to  be 
kept  in  working 
order. 

Penalty. 


Sec  24    No  streetcar  shall  move  at  a  greater  rate  of  ^^^l^i^ted. 
speed  'than  twelve  miles  an  hour  in  the  city  of  Washmg- 
ton,  nor  at  a  greater  rate  of  speed  than  fifteen  miles  an 
hour  outside  of  said  city:  Provided,  That  this  regulation 
shall  not  be  construed  as  implying  a  right  m  any  street 
railroad  company  to  operate  its  cars  at  a  rate  ot  speed  m 
excess  of  that  fixed  by  its  charter.     Street  cars  shall  not 
exceed  a  rate  of  speed  greater  than  six  miles  an  hour  at 
street  crossings.     When  it  is  necessary  for  street  cars  to 
stop  at  street  crossings  they  shall  stop  on  the  near  siae^^^^  side  of 
thereof;  the  front  end  of  the  car  or  tram  to  rest  on  a  line  street, 
with  the  curb  on  the  near  side  of  the  intersecting  street, 
except  where,  in  the  opinion  of  the  Commissioners,  the 
mechanical   appliances  make  it  impracticable  U)  do  so: 
Provided,  That  in  cases  where  stops  are  now  allowed  on 
both  sides  of  a  crossing,  such  stops  may  be  continued  it 
the  railroad  companies  so  desire   and  that  sti^et  cars  run- 
ninff  alonff  the  parking  through  the  middle  of  Pennsylvania  pe^^^JyYvania 
avenue  east  of  the  Capitol,  sliall  be  permitted  to  stop  onav^enue  south- 
the  far  side  of  the  crossings  of  intersecting  streets  insteaxl 
of  the  near  side  of  such  crossings.     ,     ^   ^      _  *«....  «,« 

Street  cars  shall  stop  on  the  signal  of  the  fire  apparatus  ^^sto^s^^or  tire 
bell  before  crossing  at  intersection  of  streets  whene\'er  a 
fire  company  is  about  to  cross  the  tracks  on  which  they 
are  running,  and  whenever  any  fire  apparatus  is  approach- 
ing on  or  across  a  route  on  which  a  street  car  is  moving, 
and  in  sight  of  the  motorman  or  the  conductor  of  such  car; 
also  before  crossing  at  the  intersection  of  the  common  runs 
of  the  Fire  Department.  ,        ,  ^     ,      ^  ^u    .of 

On  G  Street  Z^7^6— Second  and  G  streets  northwest, 
Third  and  G  streets  northwest,  Sixth  and  G  streets  north- 
west, Tenth  and  G  streets  northwest.  Twelfth  and  G  streets 
northwest.  Thirteenth  and  G  streets  northwest,  North  Cap- 
itol and  C  streets  northeast.  -,  i^  4.  i. 
On  F  Street  Xm^— Connecticut  avenue  and  K  street 
northwest,  Connecticut  avenue  and  M  street  northwest, 
Fifth  and  E  streets  northwest.  Sixth  and  F  streets  north- 
west. Tenth  and  F  streets  northwest,  Twelfth  and  F  streete 
northwest,  Thirteenth  and  F  streets  northwest.  Twentieth 

and  P  streets  northwest.  j  tt    4^      ^ 

On  H  Street  Zine—^ew  Jersey  avenue  ajid  H  street 

northwest.  Second  and  H  streets  northwest,  Third  and  U 

streets  northwest.  j  t^    i.      i. 

On  Fourteenth  Street  Z^W— Fourteenth  and  K  streets 
northwest.  Fourteenth  and  R  streets  northwest. 

On  Seventh  Street  Line—Seventh  and  D  streets  north- 
west, Seventh  and  E  streets  northwest.  Seventh  and  1 
streets  northwest,  Seventh  and  M  streets  northwest,  Sev- 
enth and  R  streets  northwest.  ^i,       * 

On  Ninth  Street  Zm^-Ninth  and  D  streets  northwest. 
Ninth  and  E  streets  northwest,  Ninth  and  I  streets  north- 
west. Ninth  and  M  streets  northwest.  Ninth  and  R  streets 
northwest. 


w 


;itfit*ti 


stops  must  be 
made  for  passen- 
gers. 


268        LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES. 


On  Eleventh  Street  Line — Eleventh  and  M  streets  north- 
west. Eleventh  and  R  streets  northwest,  Eleventh  and  I 
streets  northwest. 

On  Fourth  Street  Line — Fourth  and  M  streets  north- 
west, New  Jersey  avenue  and  P  street  northwest. 

On  Pennsylvania  Avenue  Line — Fifth  and  Pennsylvania 
avenue  southeast.  Eighth  and  Pennsylvania  avenue  south- 
east, First  and  B  streets  southeast,  New  Jersey  avenue 
and  B  street  southeast. 

On  E  Street  Line — Tenth  and  E  streets  northwest, 
Twelfth  and  E  streets  northwest,  Fourteenth  and  D  streets 
northwest. 

No  motorman  or  conductor  shall  refuse  to  stop  to  take 
up  a  passenger,  unless  all  the  seats  in  the  car  or  train  are 
occupied. 

Sec.  25.  Wherever  street  railroads  cross  each  other,  all 
cars  or  trains  bound  north  or  south  shall  have  the  right  of 
way  over  trains  or  cars  bound  east  or  west,  and  all  raotor- 
men,  shall  on  approaching  intersecting  crossings  stop  their 
cars  or  trains  and  see  that  the  way  is  clear  before  crossing: 
Provided^  That  the  provisions  as  to  the  right  of  way  shall 
not  apply  where  branches  of  the  same  street  railway  cross 
each  other:  Provided  further^  That  the  cars  and  trains  of 
the  Capital  Traction  Company  shall  have  the  right  of  way  at 
the  intersection  of  Thirty-second  and  M  streets  northwest. 

Sec.  26.  Flagmen  shall  be  stationed  at  the  crossings  of 
all  rapid  transit  street  car  lines,  when  in  the  judgment  of 
the  Commissioners  of  the  District  of  Columbia  the  public 
safety  requires  the  same.  And  from  and  after  the  direc- 
tion of  the  Commissioners  to  any  street  railway  company 
to  station  a  flagman  at  any  such  crossing,  it  shall  be  unlaw- 
ful for  any  motorman  to  run  or  operate  any  motor  car 
over  such  crossing  in  the  absence  of  a  flagman. 

No  street  car  shall  stand  upon  a  street  or  avenue  for  a 
longer  period  than  five  minutes  unless  the  way  be  ob- 
structed, nor  stop  so  as  to  obstruct  a  street  crossing  or 
intersecting  street;  and  no  street  car  shall  follow  a  pre- 
ceding car  moving  in  the  same  direction  at  a  less  interval 
than  one  hundred  feet,  unless  coupled  thereto.  Every 
street  car  in  motion  after  sundown  shall  have  two  lights, 
one  displayed  at  each  end  thereof. 

Sec.  27.  Steam  railway  trains  or  engines  shall  not  move 
within  the  city  limits  at  a  greater  rate  of  speed  than  twelve 
miles  an  hour.  Motormen  of  street  cars  before  crossing 
the  tracks  of  a  steam  railroad  shall  bring  their  cars  to  a 
full  stop,  and  not  start  them  again  until  so  directed  by  the 
conductor,  who  shall  be  satisfied  by  personal  observation 
that  the  tracks  may  be  crossed  by  the  car  with  safety. . 


LAWS   RELATING   TO   STREET-RAILWAY   FRANCHISES. 


269 


At  intersecting 
street-car  cross- 
ings, north  and 
south  bound  cars 
to  have  right  of 
way,  and  cars 
must  be  stopped 
before  crossing 
intersecting 
track. 

Flagman  at 
street-car  cross- 
ings. 


Cars  not  to  stop 
more  than  6 
minutes  nor  ob- 
struct crossing. 


Lights. 


Street  cars  to 
come  to  full  stop 
before  crossing 
steam  railroad 
tracks. 


intermediate  to  the  stable  or  stand  of  such  vehicle  or  ^^^^^^^^^^, 
operate  such  vehicle  over  a  route  sumciently  aennite  w^^  along  routes 
enable  the  public  to  ascertain  the  streets  and  avenues  onm^^^e --ner 
which  such  vehicle  can  be  found  en  route,  without  a  duly 
issued  license  therefor,  and  no  such  license  shall  be  issued 
without  the  approval  of  the  Commissioners  of  the  District 
of  Columbia.  Such  vehicles  shall  be  so  operated  as  not  to 
affect  the  health,  comfort  or  quiet  of  any  person  beyond 
that  occasioned  by  ordinary  vehicle  traffic.  The  violation 
of  any  of  the  provisions  of  this  section  shall  constitute  a 
ground  for  the  revocation  of  such  license,  as  well  as  sub- 
feet  the  offending  person  or  corporation  to  the  penalty 
provided  in  section  thirty-four  of  this  article.  All  public 
vehicles  for  the  transportation  of  passengers,  traveling 
between  sunset  and  sunrise  shall  display  lighted  lamps  so 
placed  ^s  to  be  visible  from  the  front  and  both  sides  thereot. 

*  *  »  ♦  ♦ 

Sec.  33.  No  person  shall  expectorate  or  spit  in  or  upon  ^spitting  ^in 
any  paved  sidewalk  or  footpath  in  the  District  of  Colum-  hibited. 
bia,  or  on  any  part  of  any  street  railway  car  or  other  pub- 
lic vehicle  carrving  passengers  for  hire,  or  in  or  upon  any 
part  of  any  public  building  under  the  control  of  the  Com- 
missioners of  the  District  of  Columbia.  Street  railway 
companies,  and  the  proprietors  of  other  public  vehicles 
carrying  passengers  for  hire,  shall  keep  posted  conspicu- 
ously in  each  and  every  one  of  their  cars  and  public 
vehicles  notice  forbidding  such  expectorating  or  spitting. 


District  of  Columbia  appropriation  act,  approved  August  7, 1894.         Aug.  7, 1894. 


And  hereafter  one-half  the  cost  of  the  maintenance  and  ^^8^^^*^^^^^^^^ 
repair  of  anv  bridge  across  Rock  Creek  occupied  by  thepay.haif^cost^o^ 
tracks  of  a  street  railwav  or  railways  shall  be  borne  by  bridges  across 
the  said  railway  company  or  companies,  and  shall  be  col-  J^^/{f/  thSr 
lected  in  the  same  manner  as  the  cost  of  laying  pavemente  tracks, 
between  the  rails  and  tracks  of  street  railways  as  provided 
for  in  section  five  of  "An  Act  providing  a  permanent  forna 
of  government  for  the  District  of  Columbia,"  approved 
June  eleventh,  eighteen  hundred  and  seventy-eight.     The 
amounts  thus  collected  shall  be  deposited  to  the  credit  of 
the  appropriation  for  the  fiscal  year  in  which  they  are 
collected. 


Sec.  29.  No  person  or  corporation  shall  operate  any 
public  vehicle  for  hire  or  for  the  transportation  of  passen- 
gers in  the  District  of  Columbia  with  sufficient  regularity 
to  enable  the  public  to  take  passage  therein  at  any  point 


Extracts  from  Public— No.  218,  approved  July  1,  1902. 

Provided,  That  street  railroad  companies  shall  continue    Taxation, 
to  pay  the  four  per  centum  per  annum  on  their  gross 
receipts  and  other  taxes  as  provided  by  existing  law,  and 


270        LAWS   EELATING   TO   STREET-RAILWAY   FRANCHISES. 

insurance  companies  shall  continue  to  pay  the  one  and 
one-half  per  centum  on  premium  receipts,  as  provided  by 
section  six  hundred  and  fifty  of  the  Code  of  the  District 
of  Columbia.  That  so  much  of  the  Act  approved  October 
first,  eighteen  hundred  and  ninety,  entitled  "An  Act  to 
provide  for  the  incorporation  of  trust,  loan,  mortgage, 
and  certain  other  corporations  within  the  District  of  Co 
lumbia  "  as  is  inconsistent  with  the  provisions  of  this  section 
is  hereby  repealed. 

Public  No.  218,  approved  July  1,  1902. 
Highway       HiGHWAY     BRIDGE     ACROSS    POTOMAC     RiVER:     SectioH 

pjtomacmver.'tvvelve  of  the  ''Act  to  provide  for  eliminating  certain 


elevate  its  tracks,  and  to  enable  it  to  relocate  parts  of  its 
railroad    therein,    and    for  other    purposes,"    approved 
February  twelfth,  nineteen  hundred  and  one,  is  hereby 
amended  by  striking  out  therefrom  the  words  "two  years  " 
and  inserting  in  lieu  thereof  the  words  "four  years,"  and 
the  limit  of  cost  for  the  bridge  across  the  Potomac  River 
therein  provided  for  of  five  hundred    and  sixty-eight 
thousand  dollars  is  hereby  increased  to  nine  hundred  and 
ninety-six  thousand  dollars.     And  the  Secretary  of  War 
is  authorized  to  enter  into  a  contract  or  contracts  for  the 
construction  of  said  bridge  within  the  said  limit  of  cost. 
Maintenance.  The  cost  of  maintaining  in  good  condition  the  asphalt 
paving  between  the  street   railway  tracks  and  two  feet 
outside  thereof  on  said  bridge  shall  be  paid  by  the  street 
railway  company  or  companies  using  the  same  under  such 
regulations  as  the  Commissioners  of  the  District  of  Co- 
Aii  street  rail-  lumbia  shall  prescribe:  Provided,  That  all  street  railroads 
,ads  may  cross  ^ij^rtered  or  that  may  hereafter  be  chartered  by  Congress 
shall  have  the  right  to  cross  said  bridge  upon  terms  mutu- 
ally agreed  upon  with  the  Washington,  Alexandria  and 
Mount  Vernon  Railway  Company  or  in  case  of  disagree- 
ment, upon  terms  determined  by  the  supreme  court  of  the 
District  of  Columbia  which  is  authorized  and  directed  to 
give  hearing  to  the  interested  parties  and  to  fix  the  terms 
of  joint  trackage. 


roads 
bridge 


Underground 
system. 


Extract  from  deficiency  act,  approved  March  3,  1899. 

That  in  the  District  of  Columbia  any  street  railroad 
company  operating  its  cars  in  part  over  the  tracks  of 
another  company  along  a  route  authorized  by  Congress 
shall  be  allowed  until  October  1,  1899,  in  which  to  install 
an  underground  electric  system,  and  pending  such  a 
change  shall  preserve  all  rights  now  granted  by  its 
charter. 


Motive  power. 


LAWS*  RELATING   TO    8TREET-EAILWAY   FRANCHISES.         271 

* 

AN  ACT  To  compel  street  railway  companies  in  the  District  of  Colimi-    June  25. 1898. 
bia  to  remove  abandoned  tracks,  and  for  other  purposes. « 

Be  it  enacted  hy  the  Sermte  and  Home  of  ReprfmtaUves 
of  the  United  States  of  A^nsrica  in  Concjress  assembled.  That  ^^^*«««««<^ 
hereafter  whenever  the  track  or  tracks  or  any  part  thereof 
of  any  street  railway  company  in  the  District  of  Colum- 
bia shall  not  have  been  regularly  operated  for  railway 
purposes  upon  a  schedule  approved  by  the  Commission- 
ers tor  a  period  of  three  months,  the  Commissioners  of 
said  District,  in  their  discretion,  may  thereupon  notify 
such  company  to  remove  said  unused  tracks  and  to  place 
the  street  in  good  condition;  and  if  such  conipany  shall 
neglect  or  refuse  to  remove  said  tracks  and  place  the  street 
in  good  condition  within  sixty  days  after  such  notice,  the 
directors  of  said  company  shall  be  deemed  guilty  of  a  nais- 
demeanor  and  shall  be  liable  to  a  tine  of  ten  dollars  for    P^^^ty. 
each  and  every  day  during  which  said  tracks  are  permitted 
to  remain  upon  the  street  or  streets  or  said  roadway  shall 
remain  out  of  repair,  which  fine  shall  be  recovered  in  the 
police  court  of  said  District,  in  the  name  of  said  District, 
as  other  fines  and  penalties  are  now  recovered  in  said  court. 
Sec.  2.  That  on  and  after  one  year  from  the  passage  of 
this  Act  it  shall  be  unlawful  for  any  street  railway  com- 
pany operating  its  system  or  parts  of  its  system  over  any 
portion   of    the  underground   electric  lines  owned  and 
operated  by  another  street  railway  company  in  the  city 
of  Washington  to  continue  such  operation  or  to  enter  into 
reciprocal  trackage  relations  with  any  other  company,  as 
provided  for  under  existing  law,  unless  its  motive  power 
for  the  propulsion  of  its  cars  shall  be  the  same  as  that  of 
the  company  whose  tracks  are  used  or  to  be  used.     For 
every  violation  of  this  Act  the  company  violating  it  shall 
be  subject  to  a  fine  of  ten  dollars  for  every  car  operated 
in  violation  of  the  provisions  of  this  Act,  said  fine  to  be 
collected  and  applied  in  the  same  manner  as  is  provided 
by  existing  laws  in  respect  of  other  fines  in  the  District 

of  Columbia.  . 

Sec.  3.  That  all  street  railway  companies  within  tbe 
District  of  Columbia  now  operating  their  systems  or  parts 
of  their  systems  in  the  city  of  Washington  by  use  of  the 
tracks  of  one  or  more  of  such  companies,  under  a  recipro- 
cal trackage  agreement,  as  provided  for  under  existing 
law,  which  shall  be  compelled  by  reason  of  the  passage  of 
this  Act  to  discontinue  the  use  of  the  tracks  of  another 
company,  shall  issue  free  transfers  to  their  patrons  from 
one  system  to  the  other  at  such  junctions  of  their  respec- 
tive lines  as  may  be  provided  for  by  the  Commissioners  of 
the  District  of  Columbia.  ,  .        ^     -^.u 

Sec.  4.  That  all  acts  and  parts  of  acts  inconsistent  with 
the  provisions  of  this  Act  are  hereby  repealed. 

Approved,  June  25,  1898. 


U 


' 


Free  transfers. 


aBeplaced  by  sections  710,  711,  and  712  of  Code  following. 


272        LAWS   EELATING   TO   STREET-RAILWAY   FRANCHISES. 

District  of  Columbia  appropriation  act  approved  July  18,  1888. 

(25  Stats.,  323.) 

wS^  ^^*'^®*^     "^^^  Commissioners  of  the  District  of  Columbia  shall 
^'  not,  after  the  fifteenth  day  of  September,  eighteen  hun- 

dred and  eighty-eight,  permit  or  authorize  any  additional 
telegraph,  telephone,  electric  lighting  or  other  wires  to  be 
erected  or  maintained  on  or  over  any  of  the  streets  or 
avenues  of  the  city  of  Washington.     ♦    ♦    * 


From  District  appropriation  act  approved  July  14,  1892. 

lawsTo^D^riJt     Thk  whoever,  not  being  a  Senator  or  Representative 
of  Columbia,      in  Congre'ss,  intends  to  present  to  Congress  a  bill  for  an 
Act  of  incorporation,  or  for  an  alteration  or  extension  of 
the  charter  of  a  corporation  in  the  District  of  Columbia, 
Notice  of  in-  or  of  any  special  privileges  in  said  District,  shall  give  no- 
fMchiteV";  ^"^ tice  of  such  intention  by  publishing  a  copy  of  the  bill  at 
least  once  a  week  for  four  successive  weeks,  in  a  news- 
paper published  in  the  District  of  Columbia,  the  last  of 
said  publications  to  be  made  at  least  fourteen  days  prior 
to  the  presentation  of  such  bill.     Such  newspaper  shall  be 
designated  by  the  person  proposing  the  bill  and  approved 
by  the  Commissioners  of  the  District  of  Columbia. 


Extract  from  Code  of  Laws  for  the  District  of  Columbia. 

Subchapter  Nine. 
STREET  RAILWAYS. 

(From  the  Code.) 


Abandoned 
tracks. 


Sec.  710.  Removal  of  disused  tracks. — Whenever 
the  track  or  tracks,  or  any  part  thereof,  of  any  street  rail- 
way company  in  the  District  of  Columbia  shall  not  have 
been  regularly  operated  for  railway  purposes  upon  a 
schedule  as  required  by  its  charter  for  a  period  of  three 
months,  the  Commissioners  of  said  District,  in  their  dis- 
cretion, may  thereupon  notify  such  company  to  remove 
said  unused  tracks  and  to  place  the  street  in  good  condi- 
tion; and  if  such  company  shall  neglect  or  refuse  to  re- 
move said  tracks  and  place  the  streets  in  good  condition 
within  sixty  days  after  such  notice,  the  said  company  shall 
be  deemed  guilty  of  a  misdemeanor  and  shall  be  liable  to 
a  fine  of  ten  dollars  for  each  and  everj^  day  during  which 
said  tracks  are  permitted  to  remain  upon  the  street  or 
streets,  or  said  roadway  shall  remain  out  of  repair,  which 
fine  shall  be  recovered  in  the  police  court  of  said  District, 
in  the  name  of  said  District,  as  other  fines  and  penalties 
are  now  recovered  in  said  court. 

Motive  power.       Sec.  711.    UsiNG  OTHER  COMPANY'S  LINES. — It  shall  be 

unlawful  for  any  street  railway  company  operating  its 
system  or  parts  of  its  system  over  any  portion  of  the 


LAWS    RELATING    TO    STREET-RAILWAY    FRANCHISES. 


underground  electric  lines  owned  and  operated  by  another 
street  railway  company  in  the  city  of  Washington  to  con- 
tinue such  operation,  or  to  enter  into  reciprocal  trackage  re- 
lations with  any  other  company,  as  provided  for  under  ex- 
isting law,  unless  its  motive  power  for  the  propulsion  of  its 
cars  shall  be  the  same  as  that  of.  the  compan}^  whose  tracks 
are  used  or  to  be  used.  For  every  violation  of  this  sub- 
chapter the  company  A^iolating  it  shall  be  subject  to  a  fine 
of  ten  dollars  for  every  car  operated  in  violation  of  the 
provisions  of  this  subchapter,  said  fine  to  be  collected  and 
applied  in  the  same  manner  as  is  provided  by  the  preced- 
ing section. 

Sec.  712.  Free  transfers. — All  street  railway  com- 
panies within  the  District  of  Columbia  now  operating  their 
systems,  or  parts  of  their  sj^stems,  in  the  city  of  Washing- 
ton by  use  of  the  tracks  of  one  or  more  of  such  companies, 
under  a  reciprocal  trackage  agreement,  as  provided  for 
under  existing  law,  which  shall  be  compelled  to  discontinue 
the  use  of  the  tracks  of  another  compan}^  shall  issue  free 
transfers  to  their  patrons  from  one  system  to  another  at 
such  junctions  of  their  respective  lines  as  may  be  provided 
for  by  the  Commissioners  of  the  District  of  Columbia. 


273 


Free  transfers. 


Sec.  846.    Malicious  injury.— Whoever    maliciously  ^„^,^„^*^"<*°* 

1  1  •  t  1       i>  ^    tracKs. 

places  an  obstruction  on  or  near  the  track  or  any  steam  or 
street  railway,  or  displaces  or  injures  anything  appertain- 
ing to  such  track,  with  intent  to  endanger  the  passage  of 
any  locomotive  or  car,  shall  be  imprisoned  for  not  more 
than  ten  years.     (In  effect  January  2,  1902.) 


AN  ACT  For  the  relocation  of  certain  tracks  of  street  railways  in  the 

District  of  Columbia. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  Staies  of  America  in  Congress  assemhled^  That 
whenever  the  Bunker  Hill  road  or  Wisconsin  avenue  is  B»nker  hiii 
improved  by  the  Commissioners  of  the  District  of  Colum-  S%4nue.  ^**°*'" 
bia,  the  said  Commissioners  are  authorized  to  permit  the 
street  railroad  tracks  upon  said  highways  to  be  located  in 
the  middle  of  the  roadway,  should  such  location  be  con- 
sidered for  the  best  interests  of  the  public. 

Approved,  March  1,  1901. 


16400—05- 


-18 


INDEX. 

(See  Preface.) 

Note.— Index  is  by  pages  and  by  sections  of  charter. 

Advertising  for  proposed  charters,  etc. 

Anacostia  and  Potomac  River  Railroad  Company : 

Act  approving  and  sanctioning  route— 

1876.'.'.*.'.'!;.'.*.' 

1888 

1890 

1892 .'.'.'.".'I!.'.*.'.".'.'.';.'.* 

Act  requiring  certain  extensions^ 

1900 

1902 -'.".".'.'.*-".*.".*.*.'.*.".*.".*.'.' 

Anacostia  Bridge —  

Additional  tracks 

Removal  of  tracks .'.'.'.'..[.. 

Use  of .'.[...[ 

Annual  report  to  Congress  .'.......['.'.,'..[ 

Bridge,  Anacostia —  

Additional  tracks 

Removal  of  tracks '.'.'.'.'.'. 

Bridge,  Navy-Yard,  use  of .....'. 

B  street  NE. ,  First  to  Second,  extension'of  track 

5im  Jn^^?^^  Company,  items  affecting.     {See  Capital*  Tiiction 

Cars  to  be  of  best  construction 

Congressional  Cemetery  extension..!.*!! 

Contracts,  may  enter  into ! 

With  Anacostia,  Surratts vilie  an'd  Bmndy wii*e'El^tric"Rw y  "  * 
±.leventn  extension  to  Lydecker  avenue  ' ' 
Extensions —  

To  Congressional  Cemetery 

German  Orphan  Asylum ! 

Government  Hospital  for  Insane  ! ! ! ! ! ! ! !  !  !  !!!!!!!!!!!!! 

Plans  to  be  approved 

Uniontown,  east  of 

D  street  NW.,Twelfth't*o"Fi'ftee*nth!!!! 

First  street  NE.,  E  to  B  streets . .  

Fifteenth  street  N W. ,  D  to  Pennsvl'vania  *a"v*enne 

E?e"veiX  Y^"^^^  ^^*'  '^'^^^^^^  ^  Pennsylvania'ave'nue!!! 
Fare —  

Rate  of,  on  extension  east  of  Uniontown 

Reduction  of 

Tickets,  exchange  of 

First  street  NE.,  E  to  B  streets,  extensio'n 

Fifteenth  street  N W    D  to  Pennsylvania  avenuei  exte'nsi'o'n  * "  *  * 
Irerman  Orphan  Asylum,  extension 

Government  Hospital  for  Insane  

]U>uisiana  avenue  N  W  ,  Twelfth  to  Pennsylvania  'avenue! !"!""' 
Metropolitan  Railroad,  switch  on  old  Sixteenth  street 

Navy-yard  bndge,  use  of " 

Pavements,  restoring !!!!!!!!!! 


{ 


Page. 

Section. 

272 

3 

4 

5 

7 

8 

9 

10 

6 

2 

5 

4 

3 

7 

.       7 

6 

2 

5 

4 

3 

9 

2 

6 

6 

6 

1 

241 

2 

14 

2 

10 

1 

6 

1 

6 

2 

6 

3 

10 

5 

11 

3 

4 

3 

4 

2 

9 

2 

4 

2 

5 

2 

213 

1 

4 

3 

7 

7 

9 

3 

9 

2 

4 

2 

6 

2 

6 

3 

5 

2 

10 

1 

4 

3 

4 

2 

275 


2U 


INDEX. 


INDEX. 


277 


'•i, 


6 
3 
10 
4 
5 
9 


Anacostiaand  Potomac  River  Railroad  Company — Continued. 

Paving  l>etween  and  adjacent  to  tracks 4 

Plana  of  extension  to  be  approved <  ^^ 

(  8 

Rail,  pattern  to  be  approved <  g 

f  8 

Rail  to  be  laid  at  street  level .A  g 

Report  to  Congress  annually 7 

Restoring  pavements 4 

Routes  coinciding,  use  of  tracks <  ^q 

Routes,  control  of 10 

Routes,  extension  eastof  Uniontown 4 

Routes  extended,  control  of 11 

Seventh  street  E.,  between  M  and  G  streets,  authority  to  lay  tracks.  5 

Sixteenth  street  ( old ) ,  Metropolitan  Railroad  to  switch 10 

Stockholders,  report  list  of 7 

Taxes,  payment  on  personal  property 7 

Tickets,  exchange  of 9 

Tracks — 

Additional  on  Anacostia  Bridge 

Coinciding,  use  of < 

Paving  adjacent  to 

Removal  from  Anacostia  Bridge 

Terms  of  use 

f  9 

Use  of  those  of  other  companies <  g 

Rails  to  be  approved 6 

Uniontown,  extension  east  of 4 

Washington  and  Great  Falls  Electric  Railway  Company,  consolida- 
tion authorized 241 

Anacostia,  Surrattsville,  and  Brandywine  Electric  Railway  Company. 

Act  authorizing  (1905) 13 

Annual  report  to  Commissioners 15 

Congress 16 

Articles  left  in  cars 15 

('  15 

Cars,  rate  of  speed <  ^c 

Changes  in  grade <  ^k 

Completion,  time  of 13 

Condemnation  of  land 13 

Contracts  with  Anacostia  and  Potomac  Railway  Company 14 

Deposits <  jg 

Excavations,  etc.,  permit  required 14 

Fare 15 

Freight 13 

Forfeitures 16 

f  14 

Grade,  changes  in <  ^^ 

Land  condemnations 13 

Land  dedication 13 

Motive  power 14 

Noncompletion,  penalty  for 16 

Passenger  rooms,  etc »  15 

Paving  between  and  adjacent  to  tracks 14 

r    14 

Plans  of  construction  to  be  approved <  -.^ 

Plans  of  extension  to  be  approved 13 

Poles,  telegraph  and  telephone 15 

Real  estate 15 

Removal  from  cars 15 

Right  of  way  across  other  lines 16 


Page.  Section. 


Page.  Section. 


2 
5 
3 
1 
5 
1 
5 
7 
2 
1 
3 
6 
3 
4 
1 
1 
7 
7 
3 

2 
1 
3 
2 

2 
2 
4 
5 
3 


1 

15 
24 
12 
8 
10 
7 

16 

1 

1 

2 

6 

20 

4 

13 

1 

20 

7 

16 
1 
1 
2 
18 
14 
7 
3 
5 
1 

17 
15 
11 
23 


Anacostia,  Surrattsville,  and  Brandywine  Electric  Railway  Company — 
Continued. 

Route 13 

Small  freight ^ 13 

Speed,  rate  of 15 

Successors 16 

Supervision  of  construction 16 

Taxes 15 

Time  of  completion 16 

Timetable 15 

Trackage  agreement  with  Anacostia  and  Potomac  Railway  Company .  14 

Tracks,  location  of 13 

Violation  of  act,  etc.,  penalty 16 

Anacostia  Bridge: 

Plans  of  Washington  and  Marlboro  Railway  Company  to  be  approved 

by  Secretary  of  War 247 

Tracks,  additional 6 

Tracks,  removal  of 5 

Tracks,  use  of 4 

Washington  and  Marlboro  Railway  Company  authorized  to  con- 
struct an 247 

Plan  of 247 

Anacostia  road,  may  be  occupied  by  Columbia  Railway  Company 89 

Aqueduct  Bridge,  act  permitting  rails  to  be  laid 254  . 

Aqueduct  lands,  route  across,  by  Washington  and  Great  Falls  Railway 

Company  to  be  approved  by  Secretary  of  War 225 

Arlington  Reservation: 

Act  granting  right  of  way  through 197 

Route  of   Washington,  Alexandria  and  Mount  Vernon  Railway 

Company  to  be  approved  by  Secretary  of  War 197 

Tracks  to,  to  be  constructed 197 

Baltimore  and  Washington  Transit  Company: 

Act  authorizing  (1896) ! 17 

Annual  report  to  Commissioners 20 

Bond  issuance 20 

Brightwood  Railway  junction  with 17 

Cars,  rate  of  speed 21 

f  17 

Commencement  and  completion  of  work  of  construction <  on 

Condemnation  of  land 17 

Deposit  guarantee 20 

Deposits  required 19 

Excavations,  etc.,  permit  required 18 

Fare 19 

Grade  changes 19 

Land  condemnation 17 

Land  dedication 18 

Motive  power 18 

Plans  of  construction  to  be  approved 18 

Rails,  pattern  to  be  approved 18 

Spring  road,  use  of 17 

Street  widening 19 

Taxes 19 

Trackage  arrangements  with  Brightwood  Railway 17 

Trolley,  use  of 18 

Belt  Railway  Company  (formerly  Capitol,  North  0  Street  and  South 
Washington  Railway  Company): 

Act  incorporating  (1875) 23 

Air  motor  equipment <  05 

Air  motor,  extending  time  for  installing 35 

Annual  meeting 27 

r  27 

Annual  report <  o^ 

Board  of  directors 26 


1 
1 

10 

19 

21 

15 

18 

9 

2 

1 

22 


1 
2 


1 
1 
2 
1 


23 

23 
23 

1 

10 

11 

1 

14 
2 
12 
3 
13 
5 
5 
8 
/ 

3 
3 
4 
5 
4 
1 
6 
9 
2 
4 


1 
I 

1 
1 

15 
15 
10 
13 


278 


INDEX. 


I 


Page.  Section 
Belt  Railway  Company — Continned. 
Bonds — 

Issuance  of 32 

Issue  limited - 33 

Corporation  purchasing,  authorized  to  issue 36 

By-laws  to  be  prescribed 26 

Capital  stock 25 

Assessment  collection 26 

Increase  of  stock  or  bond  issue 32 

Issue  of  bonds  limited 33 

Sale  of 26 

Subscription  books 25 

Subscription  limited 25 

Subscription  payment  on 25 

Cars— 

Character  of 25 

Articles  found  in 25 

Exclusion  from 27 

Obstruction  of 27 

Columbia  Railway  Company,  act  incorporating,  applied 27 

Completion  of  extension 32 

Construction 24 

To  be  approved  by  Commissioners 33 

Time  for 27 

Of  extension 33 

Currency  issue  not  authorized 25 

Deed  of  sale  to  be  recorded  by  purchaser 36 

Electric  system  (underground) — 

Authorized 31 

To  be  installed 36 

Excavations  authorized 33 

Fare,  rate  of 34 

Grade  changes 24 

Horsepower — 

To  cease 31 

Not  to  be  used  on  extensions 31 

LeDroit  Park  extension 32 

Liability,  not  relieved  from  just 37 

Motive  power 23 

Name  of  The  Belt  Railway  Company  authorized  (1893) 30 

Officers 26 

Passenger  rooms 25 

Purchasers'  rights,  act  defining 35 

Route 23 

Coinciding - 23 

Extension  of \  28 

I  29 

Receiver's  indebtedness  to  be  paid 37 

Stock,  may  increase 32 

Stockholders'  liability ^ 27 

Stockholders,  meeting  of 26 

Street  widening,  Congress  may  require 36 

Suit,  limitation  of 27 

Taxes -. 24 

Taxes,  special  assessments  to  be  paid 37 

Track  arrangements.  Commissioners  to  require  changes 36 

Tracks  may  connect  with  company  buildings 25 

Tracks- 
Authority  for  double 32 

Joint  use  of ,  23 

/  24 

Paving  adjacent "i  33 

Rights  to  use - 28 

Water  street  extension 28 

Water  street  extension 28 

Bennings  Bridge  to  be  constructed  by  Columbia  Railway  Company 89 


6 

6 

1 
14 

8 
14 

6 

6 
14 
12 
12 
12 

9 

11 

18 

16 

20 

5 

3 

7 

17 

7 

7 

1 

1 
1 

8 

11 

5 

1 
1 
4 
5 
1 

13 

10 

1 

1 

1 

1 

1 

1 

2 

6 

19 

12 

1 

16 

2 

2 

1 

10 

4 
1 
4 
9 
2 
1 
4 
1 


INDEX. 


279 


Page.  Section. 

Bennings  road,  joint  use  of  tracks 91           7 

Boundary  and  Silver  Spring  Railway  Company  (1872) : 

( Absorbed  by  Metropolitan  Railroad  Company ) 

Act  incorporating 176           1 

Bridges: 

Anacostia  Bridge,  construction  of,  by  Washington  and  Marlboro 

Electric  Railway  Company  authorized 247           1 

Anacostia  Bridge  plans  to  be  approved  by  Secretary  of  War  in  rela- 
tion to  Washington  and  Marlboro  Railroad  Company 247            1 

Anacostia  Bridge — 

Additional  tracks  authorized 6           2 

Plan  of 58           1 

Removal  of  tracks 5 

Use  of 4           3 

Aqueduct  Bridge,  act  permitting  rail  to  be  laid  on 254            1 

Bennings,  to  be  constructed  by  Columbia  Railway  Company 89           I 

Chain  Bridge,  to  be  lighted  by  Washington  and  Great  Falls  Railway 

Company 225           1 

Connecticut  Avenue  Bridge  over  Rock  Creek,  to  be  erected  by  Rock 

Creek  Railway  Company 74           1 

Eastern  Branch  Bridge  to  be  constructed  by  Colimibia  Railway  Com- 
pany    89           1 

Highway  bridge  over  Potomac,  street  railways  to  have  trackage . . .  270 

M  Street  Bridge,  repair  of <  jg 

Pennsylvania  Avenue  Bridge,  East  Washington  Heights  Traction 

Company  may  cross 109           1 

Potomac  River  at  Three  Sisters,  Washington  and  Arlington  author- 
ized to  construct 201            1 

Rock  Creek,  half  cost  and  maintenance  over,  to  be  borne  by  railway 

companies 269 

Washington  Aqueduct  Bridge  over  Rock  Creek,  removal  of  tracks 

from 65 

Brightwood  Railway  Company  (1888): 

Act  incorporating 39           1 

Annual  meeting 43          16 

Annual  report 40           2 

Baltimore  and  Washington  Transit  Company — 

Junction  with 17           1 

Trackage  arrangements —  17           2 

Bonds — 

May  issue 45           3 

Limit  of  issue 46           3 

Use  of  proceeds 45           3 

Branch  lines  authorized 45            1 

By-laws,  to  be  prescribed 43          15 

Capital  stock 41           9 

Cars,  character  of 42          10 

Cars — 

Articles  found  in ." 42         12 

To  be  new 45           2 

Schedule  of  running 44           2 

Schedule  of  running  to  be  filed  with  Commissioners 42         10 

Speed  of 41           7 

f    41  8 

Commencement  and  completion  of  construction -  44           2 

I    45  2 

Government  and  direction  of  company 43         14 

Construction  of 40           3 

Contracts,  may  enter  into 241           1 

Crossings,  right  of  way  at 43         18 

Depots  and  passenger  rooms 42         11 

District  line  extension 44           2 

Excavations  authorized 40           6 

Fare,  rate  of <  ^          g 

16400—05 19 


n 


280  V"  INDEX. 

Brightwood  Railway  Company-Continued.  ^^^^  ^^^^^^'"^ 

Grade  changes .-  .. 

Kenyon  street  route T?  , 

Act  requiring  trolley  abandoned ^  ^ 

Kenyon  street  extension,  authorizing  bond  issue ^  ^ 

Land,  condemnation  of ^J  f; 

Land  for  roadway  and  buildings ^  ^ 

Marshall  street  route t?  i 

Act  requiring  trolley  abandoned --..- ^  J 

Marshall  street  extension,  authority  to  issue  bonds 40  a 

Metropolitan  Railroad,  coupon  tickets  to  issue 47  a 

Motive  power ^^  ^ 

On  other  tracks ^  t 

Charter  amended  relative  to ||  ^^ 

Organization vv'-l 42  11 

Passenger  rooms  and  depots - *r  . 

Penalty  of  forfeiture  for  failure  to  comply *o  * 

Power  house  to  be  erected  and  maintained «A  o 

Right  of  way  at  crossings ™  f° 

Roadway,  free  use  of Tj  ^i 

Route  extended -  -  -  - — t?  ^ 

Richmond,  Marshall,  and  Kenyon  streets 40  i 

Stock —      *  41  ft 

Failure  to  pay  assessments j|  J 

Paymentsfor r *^  „ 

Payments  at  time  of  subscribing ^^  |^ 

Payments  to  be  paid  in  money J^  j^ 

Stockholders,  meeting  of T^  ^ 

Takoma  Park  extension |?  2 

"^^^ r  39  1 

Tracks  coinciding \  46  4 

Tracks  coinciding,  repairs  to ^  J 

Tracks  coinciding,  terms  of  use ^  * 

Tracks,  compensation  for  use ^  J 

Tracks,  paving  adjacent  to |JJ  * 

Tracks,  repairs  to Ti  „ 

Tickets,  coupon *'  2 

To  be  sold       

Washington  and  Great  Falls  Railway  Company,  may  consolidate 

WashingtonrWoodVide' and 'Forest  Glen  Railway  Company,  au- 

thority  to  use  tracks  of -^  | 

Wires  to  be  underground J^  J 

Wires  overhead  authorized .----:-,Vi 97q 

Bunker  Hill  road,  tracks  to  be  laid  on,  in  middle ^^^ 

Canal  road,  wall  to  be  constructed -  -  -  - 

Capitol,  North  O  Street  and  South  Washington  Railway  Company.     {Ue 

Belt  Railway  Company. ) 

Capital  Railway  Company  (1895):  ^ 

Act  incorporating _ .  2i 

Annual  report ^^  ^g 

Annual  meeting - _„  17 

By-laws  to  be  prescribed ^^ 

Capital  stock —                                                                                           c  -  ^g 

Howtobepaid ^*  ^g 

^  Limited ;;::::;   52  13 

Oars - - KA  20 

Cars,  articles  found  in --  25 

Cars,  ejection  from ^g  14 

Cars,  speed  of co  10 

Cars,  scheduleof  running ^|  ^^ 

Commencement  and  completion  of  construction |    55  27 

Completion  of  construction  and  installing  electric  system,  time  ex-      ^^  ^ 

tended 241  1 

Contracts,  may  enter  into ^^  ^ 

Construction 


INDEX. 

Capital  Railway  Company — Continued.  Pa«e. 

Crossings 51 

Right  of  way 55 

Damage  to  pipes  by  electrolysis 51 

Deposits  to  be  made 56 

Deposits  for  water  mains 51 

Electrolysis  damaging  pipes 51 

Excavations  authorized 50 

Fare,  rate  of 55 

Ferry  (repealed ) > 49 

Ferry  slips  and  ferry 51 

Grade,  changes  of 50 

Land,  condemnation  of 56 

Lights  to  be  maintained  along  line 50 

Motive  power <  g^ 

Navy-yard  Bridge — 

Double  overhead  trolley  system 58 

OflBcers 53 

Organization  of  company 53 

Passenger  houses 52 

Passengers,  parcels,  milk,  and  truck,  authority  to  carry 49 

Pipes  damaged  by  electrolysis 51 

Power  houses,  etc r---  51 

Right  of  way  at  crossings 55 

Roadwav,  free  use  of 55 

Route  .- 49 

Route,  amended 56 

Route  coinciding 51 

Route  coinciding,  terms  and  manner  of  use 51 

Route  along  country  roads 50 

Route,  branch  to  Shepherd's  landing 57 

Snow  and  ice,  removal  of 52 

Stock,  percentage  of  subscriptions  to  be  paid 53 

Stock,  sale  of,  in  case  of  default 54 

Stockholders  to  meet 53 

Street  widening 49 

Taxes 55 

Transfers,  free  to  Capital  Traction  Company  and  Metropolitan  Rail- 
road Company 57 

Tracks — 

Double  in  city .'. .' 57 

Authority  to  lay 49 

Location  to  be  approved  by  Commissioners 56 

Paving  adjacent  to 50 

Use  of 52 

Water  mains,  deposit  for 51 

Capital  Traction  Company  (formerly  Washington  and  Georgetown  Rail-^ 
way  Company).     (See  Washington  and  Georgetown  Railway  Company 


281 

Section. 
12 
24 
12 
28 

9 
12 

8 
22 

1 
12 

7 
26 

6 
12 

2 

1 

16 
15 
13 

1 

12 
10 
24 
23 

1 

1 

12 
12 

3 

4 
14 
15 
19 
15 

2 
21 


1 
1 

28 
5 

14 
9 


also) 


Authority  for  formation 

B  street  NE. ,  First  to  Second,  extend  track 80 

C  street  NE. ,  First  and  Delaware  avenue,  extend  tracks 

C  street  NW.,  First  and  New  Jersey  avenue,  removal  of  tracks 

Chevy  Chase  Land  Company,  may  connect  with 

Contracts  authorized,  to  contract  with  or  lease  connecting  lines 

East  Washington  Heights  Traction  Company,  free  transfers  to  be 

issued 

Eckington  and  Soldiers'  Home  Railway  Company,  may  arrange  for 

trackage  and  power 

F  street  NW.,  extension  from  Seventeenth  to  Twenty-sixth  streets. 

Fare,  rate  of 

Fourteenth  street  extension 

G  street  NW.,  Seventeenth  to  Twenty-fifth,  extension 

G  street  N W.,  Twenty-fifth  to  Twenty-sixth,  extension 

M  Street  Bridge,  repair  of 

Pennsylvania  avenue,  paving  of 


59 

1 

80 

80 

81 

77 

78 

107 

19 

78 

3 

80 

69 

63 

80 

80 

67 

79 

64 

282 


HTDEX. 


i 


Page.  Section. 

Capital  Traction  Company— Continued.  ai  19 

Roadway,  use  of,  by  United  States  Government oi         ^^ 

Bock  Creek  Bridge,  to  build '*  ^ 

Rock  Creek  Railway—  7Q  l 

May  change  name  to '^  ^ 

Route,  extensions  required ^^  . 

Seventh  street  extension - ?^  J 

Seventeenth  street  N W. ,  F  to  G  streets,  extension »o  1 

Seventeenth  street  NW. ,  G  to  Pennsylvania  avenue,  extension  ....  80  1 

Square  686,  construct  tracks  adjacent ^  ^ 

Tickets,  coupon  from  Brightwood  Railway  Company 4  /  a 

Transfers —  ^  --  ^ 

Free  to  Capital  Railway  Company |  263  3 

Free  to  East  Washington  Heights  Traction  Company 107  19 

Coupon,  shall  sell  to  Metropolitan  Railroad  Company  at  U 

street  line ^^  "^ 

Tracks n 

Removal  from  Capitol  grounds --. ^         ^^ 

Extension  authorized  on  Pennsylvania  avenue  bE »u  a 

Paving  adjacent  to -. ----.- ^  f 

Twenty-fifth  street  NW. ,  G  to  Pennsylvania  avenue,  extension ....  80  i 

Twenty-sixth  street  NW.,  F  to  Pennsylvania  avenue,  extension. . .  80  i 

Union  transfer  station  at  Aqueduct  Bridge,  to  build 68  6 

Washington  and  Georgetown  Railroad  deemed  real  estate bO  ^ 

Capitol  grounds,  removal  of  tracks  required -  •  -  64  i^ 

Capitol,  North  O  Street  and  South  Washington  Railway  Company  {see 

Belt  Rail  way  Company) ^^  ^ 

Annual  meeting 27         15 

Annual  report ^q  \ 

Act  incorporating - ^^  .j- 

By-laws ii         ^| 

Completion,  time  for ^  ^ 

Completion,  time  of  extension  for |    30  3 

Cars  nrj  -tn 

Exclusion  from *'  J" 

Obstruction  of ^'  \^ 

Construction,  time  for ; ^'  ^' 

Cook,  John  F.,  collector,  payment  of  judgment........ ^0 

Columbia  Railway  Company,  act  incorporating,  applied ^7  zu 

Directors (^  ^^ 

Extension  of  line ^'  J 

Fare  to  Bureau  of  Engraving  and  Pnnting ^o  o 

Fare,  2-cent,  repealed ^  ^ 

Judgments,  payment  of ^ 

Ninth  street  NW.,  no  new  tracks ^^         ^ 

Officers ^l         ^^ 

Ohio  avenue,  may  remove  tracks ^^  ^ 

Route-  o-  ^ 

Extension  of zi  f- 

Extension  of,  etc |    29  1 

Stockholders' liability .* 27  19 

Suit,  limitation  of ^J  lb 

The  Belt  Railway  Company,  change  of  name  to oO 

Tracks—  23  1 

Coinciding |    28  2 

Use  of  Metropolitan  Railway  Company,  authorized 29  2 

No  new  on  Ninth  Street  NW 29  2 

Ohio  avenue,  may  remove  from '  28  1 

South  of  Pennsylvania  avenue,  use  of 28  4 

Certificates  of  indebtedness  may  be  issued 258 

Not  paid,  property  may  be  sold - -9| 

For  cost  ...«.....•..-..••--•....••----••••••**"""*-**  *«''o 

Chain  Bridgerto  be 'lighted  by  Washington  and  Great  Falls  Railroad 

Company 225  1 


INDEX.  283 

Page.  Section. 

Charters,  proposed  and  amendments  to  be  advertised  for 272 

Chevy  Chase  Land  Company,  Capital  Traction  Company  may  connect 

with 77  1 

City  and  Suburban  Railway  of  Washington: 

Authority  to  change  name 130  9 

Contracts,  may  enter  into 241  1 

Washington  and  Great  Falls  Railway  Company,  may  consolidate . .  241  1 

Code  of  laws,  extract  from,  relative  to  street  railways 272 

Columbia  Railway  Company  (1870): 

Act  incorporating 83  1 

Anacostia  road  from  Watts  Creek 89  2 

Time  for  completion 89  2 

Extending  time  for  constructing 213  2 

Annual  meeting 87  16 

Annual  report 87  16 

Bennings  road,  extension  authorized  on 88  1 

Bonds,  authority  to  issue 90  6 

Bridge  over  Eastern  Branch  to  be  constructed 89  1 

Bridge  causeway,  authorized  to  construct 89  1 

By-laws  to  be  prescribed 86  16 

Capital  stock 85  9 

(    HS\  1  ^ 

Forfeiture  of  subscriptions  to <  og  j^ 

Transferable 85  9 

Cars 85  10 

Articles  found  in 85  12 

Exclusion  from 87  20 

License  for 84  3 

Columbia  Turnpike  Road  Company,  road  may  be  extended  along 

property  of 83  2 

Completion  of  construction 87  19 

Construction 84  4 

Contracts  may  be  made  with  connecting  or  intercepting  lines 91  7 

Contracts,  may  enter  into 241  1 

Directors 85  13 

Extension  eastward  authorized 88  1 

Fare,  rate  of 83  1 

Fare  on  extensions 89  3 

Grades,  may  change  street 84  6 

Land — 

Authority  to  acquire 90  6 

Authority  to  lease 85  11 

Condemnation  of 90  5 

Motive  power <  g^  o 

Notes,  etc.,  not  to  be  issued  as  currency 85  8 

Officers 86  14 

Passenger  rooms 85  11 

Power  houses,  etc 90  5 

Railway  construction  not  to  be  hindered 87  17 

Railway  not  to  be  obstructed 89  4 

Roadway,  obstruction  of 87  18 

Route 83  1 

Stockholders — 

Individual  liability 88  21 

Meeting 85  13 

,      Taxation 84  3 

Tracks,  connecting , 85  11 

Tracks,  gauge  of 84  4 

Tracks,  paving  of,  adjacent  to 84  5 

Trolleys,  overhead,  authorized  east  of  Fifteenth  street  E 89  1 

Washington  and  Great  Falls  Railway  Company  may  consolidate  . .  241  1 

Conduit  road — 

Railway  to  run  parallel  to 222  1 

Conduits  for  railway  purposes 128  2 

Corporations,  publication  of  notice  of  intent  required 272 


284  INDEX. 

^^      .  Page.  Section. 

Crossings—  ^  „„j,  „^ 

Flagmen  to  be  stationed ^^  ^^ 

Policemen,  authority  for ---.----- 

CJolumbia  and  Maryland  Railway  Company,  authority  relative  to  pur- 
chase and  lease  of  property  by  Eckington  and  Soldiers'  Home  Railroad 
Company V ' " "  V  * " i "  j 

Columbia  Turnpike  Road  Company,  Columbia  Railway  may  be  extended 

along  property  of ;..... °^  J 

Connecticut  avenue,  opening  of y  ••■•,• ; " : ■ " " v'  V  V * 

Connecticut  avenue  and  Park  Railway  Company  (1868)  (absorbed  by 

Metropolitan  Railroad  Company) ,  act  incorporating 169 

Coupon  transfer  tickets  to  be  sold  by  certain  suburban  roads ^o6  & 

District  of  Columbia  Suburban  Railway  Company  (1892),  act  incorpo- 
rating...   ^  ,Q 

Annual  meeting ^Vr  ^^ 

Annual  report \  lOO  19 

By-laws  to  be  prescribed ^^  ]^ 

Capital  stock ^  \^ 

Subscriptions  to ^^  ^^ 

Articles  found  in ^  J^ 

Exclusion  from ^"^  f^ 

Nature  of -' ^q  \1 

Schedule  of  running ^^  |J 

Speed  of II  }? 

Commencement  and  completion  of  construction »»  J ^ 

Consolidation  can  not  be  made  with  other  roads 99  1  ^ 

Construction  of ^^  ° 

Crossings,  right  of  way  at ^^  ^ 

Deposits  for  changing  pipes,  etc ^^  » 

Directors,  board  of ^^  ^4 

Fare,  rates  of ^^  ^ 

Grades,  street  to  be  changed V^  ' 

Land,  authority  to  acquire ^^^  ^^ 

Motive  power ^  Z 

Passenger  rooms ^  ^^ 

Powerhouses ^^  ^ 

Rails  to  be  approved ^  ^ 

Roadway  crossings --  JjJJ  ^t. 

Roadway  obstructions ^V^  ^^ 

Routes ^  \ 

Approval  by  Commissioners ^  | 

Countryroads ^  I 

Stockholders'  meeting ^  ^^ 

Taxes ^^^  ^ 

Tracks—  „>  „ 

Coinciding ^^  ^ 

Coinciding,  terms  for  use ^2  a 

Paving  of ^  ^ 

Track  space,  paving ^'  ^ 

Water  mains,  etc,  care  for ^*  ° 

Wires  to  be  underground  in  city ^^  ^ 

East  Washington  Heights  Traction  Railroad  Company  (1898) : 

Act  incorporating |j^^  ^ 

By-laws  to  be  prescribed ^^^  ^^ 

Articles  found  in ^^  Jo 

Exclusion  from |^(  ff 

Speed  of,  etc J^^  11 

Commencement  and  completion  of  construction \  108  26 

/  109 

Completion  of,  act  extending  time ^  no 

Construction  to  be  approved j^^  3 

Corporators  to  meet }r^^  ^f 

Crossings,  right  of  way  at ^"' 


INDEX. 


285 


East  Washington  Heights  Traction  Railroad  Company— Continued.         Pa«e.  Section. 

Directors 105  13 

Fare,  rates  of 1^7  19 

Forfeiture,  for  failure  to  comply  with  conditions 108  27 

Grades,  street  may  be  altered lOS  5 

Land,  condemnation  of 107  23 

Passenger  rooms,  etc 104  10 

Pennsylvania  Avenue  Bridge,  may  cross 109  1 

Plans  of  construction  to  be  approved 108  24 

Power  and  engine  houses 103  7 

Roadway,  not  to  be  obstructed 107  20 

Route  of ^ 102  1 

Route  amended 109  1 

Route  on  country  roads. ^ 102  2 

Route,  extension  of --  109  1 

Sale  or  lease  may  be  made HO  1 

Snow  and  ice,  authority  to  remove 104  11 

Stockholders,  meeting  of 106  15 

Taxes  to  be  paid 106  18 

Track  space  to  be  paved 102  4 

Tracks  coinciding,  to  be  used  in  common 104  9 

Tracks,  authority  to  lay,  across  Pennsylvania  Avenue  Bridge 109  1 

Transfers  to  be  issued  free  with  the  Capital  Traction  Company 107  19 

Washington  and  Marlboro  Railroad  Company,  right  to  use  tracks. .  109  2 

Wires,  overhead,  permitted 103  9 

Eckington  and  Soldiers'  Home  Railway  Company  (1888): 

Act  incorporating HI  1 

Air-motor  equipment 122  1 

Extending  time  for  installing 126  1 

Annual  report HI  2 

Annual  meeting 115  16 

Assignment  or  sale,  not  authorized  except 116  19 

Bonds — 

Increase  of,  authorized 128  3 

Issuance  of,  authorized --  123  3 

Issue  of,  in  connection  with  Maryland  and  Washington  Rail- 
way Company 129  4 

Limiting  issue  of 123  3 

Bunker  Hill  road,  tracks  on  private  ground 118  1 

By-laws  to  be  prescribed 115  15 

Capital  stock 113  9 

f  117  3 

Increase  of,  authorized |  nj  4 

Issue  authorized  in  connection  with  Maryland  and  Washington 

Railway  Company 129  4 

Cars 114  10 

Articles  found  in 114  12 

Exclusion  from 116  19 

Speed  of ". 113  7 

City  and  Suburban  Railway  of  Washington,  authority  to  change 

name  to - 130  9 

Columbia  and  Maryland  Railway  Company,  authority  to  purchase 

or  lease  property  of 127  1 

f  113  8 

Commencement  and  completion  of  work  of  construction <  jjy  4 

Time  extended 120  2 

C  and  D  streets  NE. ,  tracks  not  required  until  improvements  made. .  120  1 

Conduits,  authority  of  Commissioners  to  issue  permits 128  2 

Conduits,  cables  or  electrical  conductors  to  be  used  for  propelling 

cars  only 128  2 

Conduits,  relative  to  use  on  line  of  Maryland  and  Washington  Rail- 
way Company 128  2 

Construction 112  6 

To  be  approved  by  Commissioners \  ^25  7 

Crossings,  right  of  way  at - 116  18 

Deposit  required — -- \  ^29  6 


286 


INDEX. 


Page.  Section. 

Eckington  and  Soldiers'  Home  Railway  Company— Continued. 

Deposit  required  to  guarantee  equipment  of  Maryland  and  Wash- 
ington Railway  Company  route - 129 

Directors 11^ 

Eighth  street  NE.  extension 123 

Electric  system — 

Underground,  authorized 12o 

Substitution  if  air  motor  fails 122 

Equipment,  charter  amended  relative  to ^  127 


Fare,  rates  of. 


127 
117 
126 

First  street  route  abolished 117 

Grade,  changes  of 112 

Horse  power  allowed llj 

Horse  power  to  cease  within  six  months 1^ 

Horse  power  not  to  be  used  on  extensions 122 

Motive  power,  horse  power,  repealed 119 

Maryland  and  Washington  Railway  Company,  liability  of,  contin- 
ued to 130 

LiabiHty,  not  relieved  of  any 130 

Lincoln  avenue,  removal  of  tracks 119 

Motive  power H^ 

Maryland  and  Washington  Railway  Company- 
Equipment  of  lines  in  city 127 

Condem  nation  proceedings  continued  in  force 127 

Authority  relative  to  property  of 127 

Act  amending  charter  and  authorizing  purchase  of 127 

North  Capitol  Branch- 
To  be  operated 122 

To  be  completed  after  improvement  of  street 117 

Overhead  wires,  authority  to  use 117 

Organization JJ^ 

Passenger  rooms,  etc Jl^ 

Penalty  for  failure  to  comply  with  provisions  of  act 127 

Rails,  to  be  approved 112 

Roadways,  free  use  of JJ^ 

llo 

Route-  llg 

Amended |^° 

Branches Ill 

Coinciding 11^ 

Change  of ^Yq 

I    llo 

I  120 
Extension  of j  12I 

(  128 

Extension  authorized  to  Thirteenth  street  NE 120 

Of  Maryland  and  Washington  Railway 127 

Completion 127 

Stock,  increase  of 129 


Taxes 


112 


Taxes  and  assessments  to  be  paid  before  permits  issued 128 

Taxes  to  be  paid *.-:--  v ' ; 

Taxes  to  be  paid  on  Washington  and  Maryland  division  before  per- 
mits issue 128 

Tracks 

Abandoned,  to  be  removed  and  single  track  to  be  located  sub- 
ject to  approval 128 

Paving  adjacent  to JJ* 

Joint  use  with  Rock  Creek  Railway  Company 117. 

Water  mains,  etc.,  to  be  protected 119 

Wires— 

Overhead,  use  extended  to  1895 |^ 

Overhead,  use  of,  to  cease  after  July  1, 1893 117 

Underground,  or  cables 1^0 


5 

14 

2 


1 
1 
2 
1 
1 
1 

11 
2 
5 
1 
1 
1 
1 

8 
8 
1 
1 

2 

6 
1 
X 

1 
4 
1 

13 
11 
3 
3 
17 
1 
1 
3 
5 
1 
1 
5 
1 
1 
1 
1 
1 
2 
2 
4 
2 
2 
7 


3 
4 
3 
1 

1 
6 
1 


INDEX. 


287 


Page.  Section. 

Electrolysis,  damage  to  pipes  by .............  51         12 

Falls  Church  and  Potomac  Railway  Companv— use  of  tracks  of  Washing-1  ^gy         22 
ton,  Alexandria,  and  Mount  Vernon  Railway  Company  authorized..! 

Fares,  collection  of 263 

Fares,  ticket,  sale  and  use  universal 263 

Farragut  square,  tracks  prohibited  adjacent  to 257 

Fenders  to  be  provided 264 


Ferries  for  street  railways. 


4^ 

51 

191 

Flagmen  shall  be  stationed  at  street  crossings 268 

Franklin  square,  tracks  prohibited  adjacent  to 257 

Foxhair  road,  cars  of  Washington  and  Great  Falls  Railway  to  stop 239 

Georgetown  and  Tennallytown  Railway  Company: 

Act  incorporating  (1888) 133 

Annual  meeting 137 

Annual  reports 13* 

Bonds — 

Isg^e  of 135 

Issue  limited 135 

By-laws  to  be  prescribed 136 

Capital  stock 135 

Subscriptions 135 

Subscription  books 136 

Cars 135 

Exclusion  from - 137 

Speed  of 134 

Commencement  and  completion  of  construction 137 

Conduits 133 

Construction 134 

Contracts,  may  enter  into 241 

Crossings,  right  of  way  at 137 

Directors ■• 136 

Excavations ■• 134 

Fare,  rate  of 134 

High  street  improvements,  shall  pay  for 138 

Motive  power 133 

Passenger  rooms 135 

Power  house,  etc 134 

Roadway,  free  use  of 137 

Route 133 

Route  coinciding 133 

Stockholders'  meeting 136 

Taxes 134 

Tickets,  coupon,  to  be  sold 263 

Tracks- 
Commissioners  to  locate 138 

Location  of 138 

Paving  adjacent  to 134 

Georgetown,  Barge,  Dock,  Elevator  and  Railway  Company: 

Act  incorporating  ( 1888 ) 139 

Annual  report {  143 

Bonds,  issue  of 141 

By-laws  to  be  prescribed 142 

Capital  stock 140 

Payments  on 141 

Cars,  obstruction  of 142 

Completion,  etc 140 

Construction 140 

Directors 142 

Officers 142 

Organization 141 

Power  and  engine  houses 140 

Route 139 

Route  coinciding -  139 

Regulations  by  Commissioners,  of  the  District  of  Columbia 142 


1 
12 

1 
26 


1 
3 
1 

2 
2 
3 
2 
2 
2 
2 
3 
1 
4 
1 
1 
1 
3 
3 
1 
1 

1 

2 
1 
3 
1 
1 
2 
1 
5 


1 
1 

I 
3 
5 
2 
3 
2 
2 
3 
1 
1 
3 
3 
2 
1 
1 
1 
3 


288 


indSx. 


INDEX. 


I 


Georgetown  Barge,  Dock,  Elevator  and  Railway  Company — Cont'd.       Page.  Section. 
Stockholders- 
Liability  of 143  4 

Meeting  of 142  2 

Street  obstructions 142  3 

Taxes 143  5 

Tracks,  paving  of  space  between 140  1 

Warehouses,  etc 139  1 

Water  front  of  streets  to  remain  open 143  6 

Great  Falls  and  Old  Dominion  Railroad  Company  (1903): 

Aqueduct  Bridge,  authority  to  lay  track 254  1 

Cars — 

^        ..        r                                                                                   i  256  7' 

Operation  of j  256  8 

Speed  of * 256  9 

Commencement  of  construction 254  3 

Deposit  required 254  2 

Track  across  Aqueduct  Bridge,  authority  to  lay 254  1 

Track  to  be  approved  by  Commissioners 255  4 

Track,  keep  in  repair - *  255  6 

Track,  use  of,  by  other  roads  to  be  satisfied 255  5 

Grooved  rails,  street-railway  companies  required  to  lay  tracks  on 258 

High  street,  Georgetown  and  Tenally town  Railroad  Company  to  pay  for 

improvements 138 

Horses  must  be  dispensed  with 260  3 

l^ws: 

General  street-railway : 257 

Extract  from  District  of  Columbia  Code  relative  to  railways 272 

McPherson  square,  tracks  prohibited  adjacent  to 257 

Maryland  and  Washington  Railway  Company: 

Act  incorporating  (1892) 145  1 

Annual  meeting 149  19 

Annual  report --- 146  4 

Bonds,  issuance  of,  authorized  and  limited 152  2 

By-laws  to  be  prescribed 149  18 

Capital  stock 147  12 

Payment  of  subscriptions 148  13 

Subscriptions  to 148  13 

Cars — 

Articles  found  in 149  16 

Ejection  from - 150  22 

Rateofspeed 147  10 

Commencement  and  completion |  ^55  3 

Act  extending  time  for  completion \  ^gg  -^ 

Condemnation  proceedings 150  24 

Rhode  Island  avenue  NE 150  24 

Extended  for  one  year 158  6 

Consolidation  forbidden 149  13 

Construction  to  be  approved  . ." 146  5 

Corporators,  meeting  of 148  13 

Crossings,  right  of  way  at |  ^50  2I 

Directors  of 149  17 

Eckington  and  Soldiers  Home  authorized  to  purchase 156  1 

Equipment 149  14 

Excavations 147  o 

Excavations  and  trenches 147  o 

Fare,  rate  of 146  3 

Incorporators'  meeting 149  13 

Land,  authority  relative  to  lease  and  purchase  of  property  of  Eck- 
ington and  Soldiers  Home  Railroad  Company 156  1 

Motive  power 145  2 

Officers 149  17 

Organization  of  company 148  13 

Passenger  rooms 149  15 


289 


Page.  Section. 

15 

9 

24 

20 

1 

1 

3 

3 

24 

24 

24 

24 

24 

24 

13 

4 


168 
169 
169 
182 
185 
186 
187 


Maryland  and  Washington  Railway  Company— Continued. 

Passenger  houses 149 

Power  houses - 147 

Rhode  Island  avenue,  extension  of 150 

Roadway,  free  use  of 150 

Route  of -.--  145 

To  be  approved  by  Commissioners  of  the  District  of  Columbia.  145 

Extended 1 55 

In  city  of  Washington 155 

Rhode  Island  avenue,  opening  of 153 

Dedication  of 154 

Appeal  from  decision  of  court 153 

Appraisers  to  be  appointed  by  court 154 

Awards,  payment  of 154 

Benefits  to  be  considered 150 

Stockholders'  meeting -• 148 

Taxes 146 

Tracks — 

Construction  of 146 

Grades  of 147 

Paving  between 146 

Space  between 146 

Underground  constructions,  damage  to 152 

Wires,  no  overhead 155 

Metropolitan  Railroad  Company  ( 1864 ) ,  act  incorporating 161 

Amendments  to  (1865) 167 

(1865) 
(1867) 
(1869 
(1894 
1895 
*1897 
;i900) 

Annual  meeting 164 

Annual  report 166 

Boundary  and  Silver  Spring  Railway  Company 176 

Bridge  across  Rock  Creek  at  P  street  to  be  repaired 

By-laws  to  be  prescribed 'I ...... .  164 

Capitol  grounds,  tracks  in,  under  supervision  of  Architect  of  Capitol .  187 
Capital  stock — 

Authority  to  issue 163 

Books  of  subscription 163 

Increased 168 

Limit  of  subscription 163 

Payment  at  subscribing 163 

Sale  in  default  of  payment 168 

Cars 163 

Articles  left  in 163 

Exclusion  from 168 

License  for 162 

Schedule  of  running 163 

Tax  for  use  of  horse 184 

Columbia  road  from  Florida  avenue  to  Eighteenth  street  extension.  186 

f  165 

Commencement  and  completion  of  construction {   1 69 

I  168 

Completion  of  change  of  route,  time  for 168 

Condemnation  proceedings,  old  Sixteenth  street 187 

Connecticut  Avenue  and  Park  Railway 169 

Contracts,  may  enter  into 241 

Construction 162 

Cost  of 166 

Crossings — 

Street  to  be  kept  clean 165 

Penalty  for  not  cleaning 165 

Depot  and  stable  connections 163 

Deposit  for  extensions,  old  Sixteenth  street 187 


5 

7 
6 
5 
8 
3 
1 


15 
22 


14 
1 

8 

12 

2 

12 

12 

2 

9 

11 

5 

2 

9 

6 

1 

17 
1 
1 
3 
2 

1 

3 

22 

20 

21 

10 

3 


290 


INDEX. 


INDEX. 


291 


^  Page.  Section. 

Metropolitan  Kailroad  Company,  etc.  —Continued. 

Directors |^  Ij 

Increase  of  .....------•-••----------------*••*"•**""***""**  aoo  * 

Indebtedness,  question  of  in  case  of  District  of  Columbia,  referred 

to  court  of  appeals - ^°^  * 

Equipment —  i 

Fares—  ^-  „„ 

Sale  of  tickets ,  }^l  23 

Rates  of \  167  1 

1  >ljets ^^  ^ 

Franchise  forfeited  for  failure  to  comply  with  conditions 260  3 

Georgetown  extension,  authority  for lo5  3 

Grade  changes j^f  ^ 

Horses  to  be  dispensed  with :|o|  ^ 

Judgment  to  be  paid j°J 

Motive  power J^T  o 

Changeof r ]l]  % 

Tobeapproved j°J  * 

Time  extended  for  change  of j^^  J 

Change  of  authorized 1°^  2 

Time  to  change  extended -^  J 

J  162  1 

Municipal  regulations,  subject  to "^  i67  l 

Notes,  not  to  issue  as  currency r---  J^  l 

Officers 164  13 

Passenger  rooms f?J  j" 

Roadway,  free  use  of ™  ^^ 

Rock  Creek  Railway,  joint  operation loo  o 

Route 161  1 

Amendment  changmg |^/  i 

Amendment  extending 1^7  1 

Extending  to  old  Sixteenth  street - 187  1 

On  old  Sixteenth  street - 187  Z 

Sale  and  lease,  Florida  avenue  and  U  street  line,  power  of 263  & 

Stockholders'  meeting J^J  J^ 

Stockholders,  liability ]^  1^ 

Taxation - 

Track  to  be  located  by  Commissioners  of  the  District  of  Columbia. .  185  2 

Trackage —  - 

Reciprocal,  to  enter  into  with  other  roads -^ez  o 

Tracks—  . 

Paving  between j^^  * 

Reciprocal  use |°"^  ^ 

Remove  from  Capitol  Grounds 1°^  ^^ 

Use  by  Rock  Creek  Railway  Company  authorized 78  Z 

Terms  of  use  by  Rock  Creek  Railway  Company 78  2 

Transfers—  „ 

Free  to  Capital  Railway  Company zm  6 

Arrangements  with  connecting  lines 184  & 

Reciprocal 262  5 

Coupons  from  Brightwood  Railway  Company 18b  o 

Tickets,  sale  of  coupon 263  5 

Union  Railroad  Company --- 174  i 

Washington  and  Great  Falls  Railroad  Company  may  consolidate . .  241  i 

Wires,  no  overhead 181  ^ 

Motive  power --'• J^^ 

Change  from  horse  to  mechanical ,  authorized ^o» 

Certain  roads  required  to  use  mechanical  power 259  3 

Approval  of  Commissioners  required 260  3 

To  be  same  for  reciprocal  trackage 262  o 

Rails,  etc.,  regulations  do  not  apply  outside  city  limits.. 259 

Being  changed,  stock  may  be  issued 259  3 

Navy- Yard  Bridge  {see  oho  Anacostia  Bridge),  trolley  may  be  used  on, 

by  Capital  Railway  Company :-"'^:; ooo  \ 

Passenger  station  to  be  established  near  Aqueduct  Bridge Z6^  o 

Passengers,  st/ops  must  be  made  for 268 


I* 


258 


271 


Page.  Section 

Paving,  street  railways  to  pay  for  portion  between  rails  and  tracks  and 

2  feet  •xterior  thereto ----; ----    257 

Paving,  certificates  of  indebtedness  may  be  issued  against  m  payment  of.    258 

Paving  materials  may  be  used - 257 

Paving  street  intersections  to  correspond  with  pavement  of  street  inter- 

sections  .,._...•-...-.•--."-.---•--•""•""-••---*"••---"     ^oo 

Pennsylvania  avenue,  repavement  of,  by  Washington  and  Georgetown 

Railroad  Company -  -  -  - -  -  -  -      ^ 

Pennsylvania  avenue  southeast,  east  of  Eighth  street,  authority  to  extend 

tracks --.- 80  ] 

Pennsylvania  Avenue  Bridge,  authority  to  lay  tracks  on,  by  East  Wash- 

ington  Heights  Traction  Company 109 

Pipes,  damage  to,  by  electrolysis «1 

Policemen  to  be  stationed  at  street  crossings ^I 

Police  regulations  relative  to  street  cars 265 

Potomac  River  at  Three  Sisters,  Washington  and  Arlington  Railway 

authorized  to  construct  bridge 201 

T?  Q  |1  a  • 

Grooved,  shall  be  used  on  street  railways  in  city  limits 

Style  of,  required 

To  be  placed  in  position  within  two  years 

Railroads.     ( See  Street  railroads ) . 

Railways: 

Street,  electric  underground  system,  to  be  installed  by  October  1, 1899 

Fenders  to  be  provided 264 

Laws 257 

Public  work  chargeable  to 257 

Commissioners  to  make  changes  should  companies  fail  to  do  so 257 

Reciprocal  trackage  arrangements  between  railroads  authorized 262 

Rhode  Island  avenue,  opening  of,  by  Washington  and  Maryland  Rail- j  150 

way  Company I  1^ 

Rock  Creek  Bridge : 

At  Connecticut  avenue - 74 

Cost  of  maintenance  and  repair  to,  borne  by  railroad  companies. . .  269 

Rock  Creek  Railway  of  the  District  of  Columbia  (now  Capital  Traction): 

Act  incorporating 68 

Annual  meetings 72 

Annual  report 73 

Bonds,  authority  to  issue 74 

Bridge  over  Rock  Creek 74 

/  70 

Capital  stock S  75 

j     70 
Subscriptions S     75 

Books  of  subscriptions 71 

Sales  of  delinquent 75 

Payment  of  subscriptions 71 

Capital  stock,  method  of  fixing  amount 70 

Cars 71 

Cars,  articles  found  in 74 

Cars,  ejection  from 73 

Cars,  speed  of 70 

Charter  amended |    77 

Charter,  original  reaffirmed 76 

Chevy  Chase  Land  Company  may  connect  with 77 

Commencement  and  completion  of  construction 70 

Commencement  and  completion  of,  extended 75 

Completion,  time  for,  extended 77 

Connecting  lines,  authorized  to  connect  with 77 

Construction 69 

Contracts  can  be  made  for  joint  use  of  tracks 78 

Directors 72 

Equipment 71 

^                  ,                                                                                             /  69 

Fare,  rate  of »  79 

Florida  avenue  and  U-street  line,  power  to  lease  and  sell 197 


12 
3 


24 
24 


3 
4 
1 
1 
2 
2 
2 
3 
2 
3 
2 
2 
2 
5 
3 
1 
1 
1 
5 
1 
1 
3 
3 
1 
1 
3 
3 
2 
1 
1 
5 


292 


INDEX. 


INDEX. 


293 


Rock  Creek  Railway  of  the  District  of  Columbia— Continued.  Page. 

Lands — 

Cost  of  purchase 76 

Dedication,  purchase,  and  condemnation 76 

Motive  power - 70 

Passenger  rooms 71 

Power  and  en^ne  houses 70 

Public  travel,  mterference  with 76 

Repairs  to 70 

Roadway,  free  use  of 72 

Route — 

Amended 69 

Changed 74 

Repeal  of  old 75 

Sale  or  lease,  power  of 72 

Streets,  opening  of 78 

Taxes 73 

The  Capital  Traction  Company  may  change  name  to 79 

Tracks- 
Extension  of 77 

Paving  of 69 

To  be  kept  well  paved 74 

To  be  paved  by  District  of  Columbia  in  case  of  failure 75 

Paving  lien 75 

Use  of  Metropolitan  Railroad 78 

Use  jointly  with  Eckington  and  Soldiers'  Home  Railway  Com- 
pany   1 78 

Terms  for  use  of 78 

Width  between 78 

Wires,  no  overhead  in  city  limits 75 

Secretary  of  War: 

Approve  plans  of  an  Anacostia  Bridge 247 

Approve   route  of   Washington,  Alexandria  and   Mount  Vernon 

Railway  through  Arlington 191 

Approve  "route  across  aqueduct  lands  by  Washington  and  Great 

Falls  Railway  Company 222 

Approve  fence  at  Washington  Aqueduct  by  Washington  and  Great 

Falls  Railway  Company 224 

Approve  fence  along  Conduit  road  by  Washington  and  Great  Falls 

Railway  Company 224 

Approve  lighting  along  Conduit  road  by  Washington  and  Great 

Falls  Railway  Company 225 

Approve  water  mains  along  Conduit  road 222 

Approve  ferry  slips  and  boat  Washington,  Alexandria  and  Mt.  Ver- 
non Electric  Railway 191 

Speed  of  street  railway  cars 267 

Spring  road,  use  of,  by  Baltimore  and  Washington  Transit  Company. . .  17 

Stock,  companies  changing  motive  power,  etc. ,  may  increase. . . , 259 

Street  cars: 

Children  not  allowed  on  platforms '. 266 

Crossings,  right  of  way 268 

Not  to  be  switched  in  streets - 265 

Of  suburban  lines  may  be  drawn  over  connecting  city  lines 263 

One-horse,  prohibited  in  city  limits 261 

Platforms  to  be  protected  with  gates 266 

Shall  have  right  of  way  over  respective  tracks 265 

Speed  of 267 

Spitting  in  prohibited 269 

Stop  at  intersecting  roads 268 

Stop  before  crossing  steam  railroad  tracks 269 

Stop  not  more  than  five  minutes,  etc 268 

To  be  in  charge  of  conductor 261 

To  display  lights  after  sundown 269 

Wheel  guard  or  fender  equipment 266 

Street  railroads: 

Certificates  of  indebtedness  msiy  be  issued  against 258 

Change  of  motive  power  authorized 259 

Changing  motive  power  may  increase  amount  of  stock  ...,..,.,..,  259 


Section. 

4 
4 
1 
2 
1 
4 
1 
3 

1 
1 
2 
3 
4 
4 


1 
1 
1 
1 
1 
2 

3 
2 
2 
2 


1 

1 

1 

1 
1 

1 

24 

1 

3 

16 

25 

3 

1 

1 

22 

15 

24 

23 

25 

27 

26 

1 

26 

17 

1 
3 
3 


Street  railroads— Continued.  ^^^'  Section. 

Code  of  laws  of  District  of  Columbia  relative  to  railways 272 

Crossing  policemen  authorized 37           3 

Grooved  rails  in  city  limits  — 258 

Highway  bridge  over  Potomac  River,  may  cross ^ 270 

Malicious  injury  due  to  obstruction 273 

Motive  power  to  be  same  for  reciprocal  trackage 271 

Pavements  at  street  intersections 258 

Pavements  between  rails  and  track,  how  paid  for 257 

Prohibited  on  I  and  K  streets,  front  of  McPheraon,  Farragut,  and 

Franklin  squares 257 

Shall  not  be  laid  without  consent  of  Congress 257 

Suburban,  may  have  trail  cars  drawn  over  city  lines 263           1 

United  States  telephone  lines,  for  protection  of,  by  Washington  and 

Great  Falls  Railway  Company 237           1 

Tickets— 

To  be  sold  in  sheets  of  six 261           1 

Not  to  be  sold  a  second  time 261            1 

Shall  be  honored  on  all  lines  in  District  of  Columbia 261            1 

Transfer  coupon  shall  be  sold  by  certain  suburban  lines 263           5 

Metropolitan  Railroad  Company  to  honor  coupon  transfer  tick- 
ets by  certain  suburban  lines 263           3 

Transfers  not  to  be  issued  where  trackage  is  forbidden 270           2 

Transfer  tickets  to  be  issued  free  where  Capital  Railway  Company 
connects  with  Capital  Traction  and  Metropolitan  Railroad  Com- 
pany    263           3 

Trackage  arrangements  forbidden  unless  motive  power  is  similar. . .  270           2 

Trackage  reciprocal  only  where  propelling  power  is  the  same 262 

Tracks — 

Abandoned,  to  be  removed 271           1 

Remove  from  Washington  Aqueduct  Bridge  over  Rock  Creek.  65 

To  be  laid  on  Bunker  Hill  road  and  Wiseman  avenue 272 

Removal  from  Capitol  grounds  by  Metropolitan  Railroad  and 

Washington  and  Georgetown  Railroad  Company 64         12 

Duties  of  companies  at  intersecting 258 

Obstructions  to  be  removed 266         20 

To  be  paved  by  District  of  Columbia  when  neglected  by  com- 
panies    257 

How  paved 257 

Relocation  in  certain  streets 272 

Removal  of  disused 271 

Twenty-sixth  and  M  streets  NW.,  right  to  lay  Washington  and 

Georgetown  Railroad 65 

To  be  laid  on  Wisconsin  avenue 272 

Transfer  and  trackage  arrangements,  reciprocal,  connecting  lines 

required  to  make 262           5 

Transfers,  free,  to  be  issued. 271 

Transfer  station.     ( See  Union  transfer  station. ) 

Taxation  on  gross  receipts,  etc 270 

Union  transfer  station — 

Commissioners  of  the  District  of  Columbia,  shall  regulate  use  of .  68           3 

Land  for 68           3 

Union  Railroad  Company  (absorbed  by  Metropolitan  Railroad  Com- 
pany), act  incorporating ! 169           1 

Union  transfer  station 68           3 

United  States  property,  damage  to,  by  Washington  and  Great  Falls  Rail- 
way Company 236           1 

United  States  not  to  pay  portion  of  work  done  for  street  railways 257 

United  States  telephone  line,  for  protection,  by  Washington  and  Great 

Falls  Railway  Company 237           1 

Washington,  Alexandria  and  Mount  Vernon  Electric  Railway  Company: 

Act  incorporating  (1894) 191            1 

Annual  report 195          15 

Cars — 

Articles  found  in 195          14 

Ejection  from 196          19 

Speed  of 195         13 


I* 

i 


I 


J 


INDEX. 


295 


294  ^^^^^• 

Washington,  Alexandria  and  Mount  Vernon  Railway  Company-Con-  ^^^  ^^^^^ 

''"commencement  and  completion  of  construction ........----...---      .^         20 

Condemnation  proceedmgs ; _ 192      .     ^ 

CJonstruction -;;;; l»i  ^^ 

Crossings J  !^  -^g 

Rightofwayat ^^^99  6 

E  street  NW.,  remove  tracks  from ::::::::"".'.'-------    ]l^  ^^ 

Fare,  rate  of ..---.- ' " |^^  « 

Ferry  slips  and  boat 1^  ^ 

§»Xterpoto„iiiKiVer;///.......--.-::;;:::::::::  |    n 

Motive  power....- " j^J  . 

Passenger  rooms,  ete. m  ^^ 

Plans,  to  be  approved... 193  « 

Power  and  engine  houses 196  17 

Roadway,  use  of ^^^ 

ChlD^";duetoMunicipalbunding:....^  ^         U 

Coinciding.  —  - --///.: W^  * 

On  country  roads m         W 

Snow  and  ice,,  removal  of -— -; m  ^ 

Street,  widening  of I** 

S^cksll" ■         197         23 

To  Arlington  Keservation •-■- 192  o 

?:;rus^ by  FalVsChu'rVh  and  Potoma. Railway Co-pany.|  ^^         22 

Trenches  and  excavation '//.'.'''.'. ^^^  ^ 

W.Sn-r  aH^^- 00^^^^^  201  1 

Act  incorporatmg  (1891) f  20^  ^ 

Annualreport 205  8 

By-laws 4 

Capital  stock-  20d  * 

Bond  and  issue 204  o 

Paymenteon ::::::".:". |XI      6 

-    Subscription    --. ^04  o 

Subscription  books -•--- 204  0 

Ejectment  from 204  o 

Coni^^etenlrd-fi^eii^n-ofion^^^^^^^^^^^  |         1 

SZSp^^inS.Vonfinnatiouioberecorded..-^  ||         JJ 

Construction...... 205 

Directors,  board  of ^OZ  ^ 

Engine  houses :".:::::'.''.' 207         15 

Fare,  rate  of ^"^  .^ 

Grade,  changes  of ; 20b         ii 

Land,  acquiring ^04  o 

Land,  necessary ;; ^Oi 

Motive  power.  ;; ^o& 

Office,  principal ^"o 

Officers.... ;;;; ^^       g 

Route ; ^q  3 

Stockholders,  meeting  of ----- 203  ^ 

Taxes  


Washington  and  Arlington  Railway  Company— Continued. 

Tracks Page,  section. 

Approval  necessary 202  2 

Coinciding 201  1 

On  bridge 202  2 

And  bridge,  use  of  by  other  companies 206  10 

Paving  of 202  1 

Water  pipes,  protection  of 207  15 

Wires  overhead  not  permitted  in  city  limits 201  1 

Washington  Aqueduct  Bridge  over  Rock  Creek,  remove  tracks  from. . .  65 

Washington,  Arlington  and  Falls  Church  can  acquire  rights  in  default. .  254  2 
Washington  and  Georgetown  Railroad  Company  (now  Capital  Traction 
Company): 

Act  incorporating  (1862) 59  1 

Annual  meeting ^2  lb 

By-laws  and  rules ^2  lo 

Capital  stock ^0  8 

Advertisement  as  to  books  of  subscription ol  13 

Capital  stock—  ao  iq 

Apportionment  of "-  *^ 

Books  of  subscription *. 61  13 

Payment  at  time  of  subscription 61  13 

Merged  into  Capital  Traction  Company 59  Note. 

Cars— 

Articles  found  in "^  ii 

First-class,  required 61  9 

Schedule  of  running 61  9 

Completion,  time  for 63  19 

Fare,  additional 63  1 

Fourteenth  street  extension 63  1 

Grade  to  be  altered  when  required 60  5 

Horsepower  to  be  used 59  1 

Horses,  must  dispense  with,  in  two  years 67  3 

Judgment  to  be  paid 67 

Lands  for  depot 61  10 

Motive  power  changed  to  cable 59  Note. 

Motive  power 66  3 

M  Street  Bridge  over  Rock  Creek,  repair  of 67 

M  street  NW.,  right  to  lay  tracks 65 

Municipal  officers  not  to  obstruct  road 63  17 

Notes  not  to  issue  as  currency 60  7 

Officers  and  directors 62  14 

Passenger  rooms,  etc 61  10 

Pennsvlvania  avenue — 

Fffteenth  street  to  Rock  Creek,  appropriation  for  paving 64 

Paving  adjacent  to  tracks 64  3 

Repavement  of 66  3 

Railway,  how  to  be  laid 60  3 

Road,  use  of,  subject  to  municipal  regulations 60  I 

Roadway,  free  use  of 63  18 

Route  ol 59  1 

Route,  extension  of -  59  1 

Seventh  street  extension 63  1 

Stock,  may  increase,  upon  change  of  motive  power 66  3 

Stockholders'  meeting 62  13 

X axation  ..........••••••■•••••••••.••*••*•«•«•••*••••'•••.•...  '-'"  * 

Tracks — 

Coinciding 66  1 

Between  depots  and  stables 61  10 

Extension  of,  on  Water  and  P  streets  S W 65 

Grade  of 66 

Use,  in  common 66 

Use  by  United  States  Government 61  12 

Terms  of  joint  use 66 

To  be  kept  in  order  by  company 60  4 

Remove  from  Capitol  grounds 64  12 

Remove  from  Washington  Aqueduct  Bridge  over  Rock  Creek. .  65 

16400—05 20 


296 


INDEX. 


INDEX. 


297 


Washington  and  Georgetown  Railroad  Company — Continued. 
Tracks^IIontinuea. 

Twenty -sixth  street,  right  to  lay 

Right  to  lay  on  Twenty-sixth  and  M  streets 

Union  transfer  station  shall  build 

Union  transfer  station  shall  extend  tracks  to 

"Washington  and  Glen  Echo  Railroad  Company  (1898) 

Contracts,  may  enter  into 

Consolidate,  with  Washington  and  Great  Falls  Railway  Company 

authorized 

Tracks,  right  of  way  to  construct 

Washington  and  Gettysburg  Railway  Company  of  Maryland: 

Act  authorizing  extension  of  line  in  District  of  Columbia  (1899)... 

Bonds 

Buildings 

Cars 

Articles  found  in   

Ejectment  from 

Schedule 

Speed  of - 

Commencement  and  completion  of  work 

Completion,  time  for 

Completion,  extension  of  time  for. 

Construction 

Construction,  time  extended  for,  in  District  of  Columbia 


Deposit 

Deposit  guarantee - 

Excavations 

Fare,  rate  of 

Grade  changes - 

Land 

Penalty  for  failure  to  complete 

Plans,  approval 

Roadway,  care  of 

Route 

Route,  coinciding --. 

Supervision  and  control  of,  by  Commissioners  District  of  Columbia. 

Switching 

Taxes 

Telegraph  and  telephone  lines 

Washington  and  Great  Falls  Electric  Railway  Company: 

Act  incorporating  ( 1892) 

Act  incorporating  amended  1894 

Annual  meeting 

Annual  report 


Bonds 


Bonds  and  stock 

Buildings 

By-laws 

By-laws,  may  make  changes  in . 
Canal  road,  wall 

Capital  stock 


Capital  stock,  subscriptions  to 

Capital  stock  and  shares,  may  acquire,  in  electric  companies  supply 
ing  power 

Cars — 

Schedule  of  running 

Speed  of 

Speed  of,  at  crossings 

Stearri,  prohibited 


Foxhall  road  stop 


Page.  Section. 

65 

65 

68 

3 

68 

3 

214 

241 

1 

241 

1 

214 

1 

208 

1 

211 

16 

211 

15 

210 

9 

211 

13 

211 

12 

210 

10 

210 

11 

212 

20 

213 

1 

214 

5 

209 

5 

r  213 

1 

\  214 

5 

210 

6 

210 

8 

209 

4 

211 

14 

212 

18 

211 

16 

212 

22 

209 

3 

209 

7 

208 

1 

209 

2 

212 

21 

209 

212 

7 

212 

19 

221 

1 

232 

1 

228 

4 

231 

7 

/  226 
\  236 

2 

1 

236 

1 

239 

2 

228 

4 

228 

4 

222 

1 

/  239 

2 

1  242 

2 

/  227 

3 

\  239 

2 

242 

3 

/  232 
\  239 

225 

/  239 

\  238 

.  236 

239 

Washington  and  Great  Falls  Electric  Railway  Company — Continued.     Page. 

Commencement  and  completion 231 

Completion,  time  for,  extended 232 

Conduit  road 222 

Consolidation 227 

Consolidation  with  various  roads 241 

f  224 

Construction <  ^07 

Construction  and  operation 225 

Construction  and  operation  to  be  approved  by  Secretary  of  War 225 

Contracts,  may  enter  into 241 

Corporators,  meeting  of -j  ^fi 

Crossings — 

Rightof  way  at 228 

Paving  at 237 

Conduit  road,  signals  to  be  used  at  crossings 238 

Charter  amended  with  reference  to  Union  transfer  station 232 

Damage  to  United  States  property 236 

Deposit  required i  ^^"^ 

Directors 227 

Disbursement  of  money 223 

Fare,  rates  of 244 

Fence  at  Washington  Aqueduct 224 

Fence,  shall  erect 238 

Land  and  condemnation  proceedings 229 

Lights  at  Chain  Bridge 225 

Lights  at  intersecting  roads 238 

Lighting  roadway 225 

Motive  power 237 

Office,  principal 228 

Passenger  rooms 225 

Passenger  station  at  aqueduct  bridge 232 

Poles  and  wires 224 

Rails,  location  of 222 

Railway  parallel  to  Conduit  road 221 

Roadway,  free  use  of 228 

K°»*« {fA 

Route  across  aqueduct  lands 223 

Amended 232 

Extension  of 233 

Routes,  coinciding 232 

Snow  and  ice,  removal  of 232 

Stockholders,  meeting 227 

Stock 225 

May  acquire  and  hold,  in  other  roads 241 

Method  of  operating  acquired 242 

Taxes 231 

Telephone  line,  United  States  for  protection  of 237 

Tennallytown  Road,  branches  to 235 

Tracks — 

May  connect  with  other  lines 235 

Coinciding 222 

Gauge  of 224 

Location  of 224 

Pavingof '  224 

Water  mains 222 

Changes  of [[[  232 

Construction  of 225 

Protection  of 225 

Union  tranf er  station 68 

Washington  and  Marlboro  Electric  Railway  Company: 

Act  incorporating  (1895) 247 

Anacostia  Bridge — 

Building  of 247 

Plans  to  be  approved  by  Secretary  of  War 247 


Section. 

6 
2 
1 
3 
1 
1 
1 
1 
1 
1 
3 
3 

4 
1 
1 
3 
1 
I 
1 
4 
1 
2 

1 
5 
1 
1 
1 

4 
2 
3 
1 
1 
I 
4 
1 
1 
1 
1 
5 
1 
1 
3 
2 
2 
2 
7 
1 
1 

1 
1 
1 
1 
1 
1 
4 
1 
1 
3 


1 
1 


I 


I 


298 


INDEX. 


Washington  and  Marlboro  Electric  Railway  Company — Continued. 

Annual  reports 

Bowen  Road,  extension  to 


Page.  Section. 


Cars. 


Articles  found  in 

Ejection  from 

Schedule  of  running --- 

Speed  of 

Commencement  and  completion  of  construction 

Completion,  extension  of  time  for 

Construction  of 

Crossings 

Right  of  way  at 

Conditions  to  be  complied  with  by  successors 

Deposit  guaranty 

Deposit  to  be  made 

Engine  and  power  houses 

Excavation  and  trenches 

Fare,  rate  of 

Grade  changes 

Land,  condemnation  of 

Lighting  along  line 

Motive  power '. 

Passenger  rooms 

Plans  to  be  approved  by  Commissioners 

Roadway,  free  use  of 

Route 

Extension  of 

Routes — 

Coinciding 

In  country  roads 

Snow  and  ice,  removal  of 

Street  widening 

Taxes 

Tracks — 

Paving  adjacent  to 

East  Washington  Heights  Traction  Company,  right  to  use 

Water  mains,  deposit  for ...- 

Washington  and  Rockville  Railway  Company,  contracts  may  enter  into 

with 

Washington  and  University  Railroad  Company: 

Act  incorporating  ( 1898) 

Bonds 

Buildings 

Capital  stock 

Cars 

Articles  found  in 

Ejectment  from 

Schedule  of  running 

Speed  of 

Completion  of  work 

Construction  of 

Dedication 

Deposits 

Deposit  guarantee 

Excavations 

Fare,  rate  of 

Land,  condemnation  of 

Motive  power 

Organization 

Penalties 

Plans 

Right  of  way 

Roadway,  care  of 

Route 

Route,  amended 

Taxes 


251 
247 
250 
251 
252 
250 
260 
248 
253 
248 
252 
250 
253 
252 
253 
248 
248 
251 
248 
252 
248 
249 
250 
252 
252 
247 
248 

250 

248 
251 
248 
251 

248 
253 
248 

241 

215 
218 
217 
218 
217 
217 
217 
217 
217 
216 
216 
220 
216 
217 
216 
217 
218 
215 
218 
219 
216 
220 
216 
215 
219 
219 


16 

1 

13 

15 

20 

13 

14 

11 

1 

4 

19 

12 

24 

22 

33 

10 

8 

17 

7 

21 

6 

12 

13 

23 

18 

1 

1 

12 
3 

14 
2 

16 

5 
2 
9 


1 

20 

17 

20 

11 

15 

14 

12 

13 

9 

6 

2 

7 

10 

5 

16 

18 

3 

19 

22 

4 

2 

8 

2 

2 

21 


INDEX. 


299 


Page.  Section. 

Washington  Railway  and  Electric  Company  (name  of  managing  corpo- 
ration: The  Washington  Railway  and  Electric  Company  is  a  manag- 
ing corporation  whose  principal  lines  are  Metropolitan,  Anacostia  and 
Potomac  River,  Belt,  Capital,  Columbia,  etc.  Also  has  control  of 
certain  other  lines,  as  per  deed  filed  in  office  of  recorder  of  deeds, 
February  4, 1902,  under  authority  of  act  of  Congress  approved  June  5, 

1900) 241  1 

Washington,  Woodside  and  Forest  Glen  Railway  and  Power  Company: 

Relative  to  using  Brightwood  tracks 220  1 

Contracts,  may  enter  into 241  1 

Water  mains  disturbed  by  street  railways  shall  be  moved  at  expense  of 

company 265  4 

Water  front  at  ends  of  highway  to  be  kept  open 143  6 

Wires,  not  authorized  erected  or  maintained  after  December  15,  1888..    272 
Wisconsin  avenue,  tracks  to  be  laid  in  middle 272  3 


M5it/    05737 
SEP2 91994  I^Ef-l 


Date  Due 

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